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Terms & Conditions

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AUGUST 22, 2013 

Please read the following terms and conditions (the “Terms and Conditions”) carefully before using the website (the “Website”). By accessing this Website, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use the Website. We recommend that you keep a printed copy of these Terms and Conditions for future reference.

Welcome to BurningSands.com. Burning Sands, a wholly owned subsidiary of Rawls Enterprises, provides services to you on BurningSands.com and Burning Sands mobile application subject to the terms set forth herein. When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change any of the information on Burning Sands and these terms and conditions at any time. By accessing or otherwise using BurningSands.com or the Burning Sands mobile application you are indicating your agreement to the Terms and Conditions contained herein. Please read them carefully.

USE OF BURNING SANDS

By using BurningSands.com and the Burning Sands mobile application you represent and warrant that you are more than 18 years of age or are visiting Burning Sands with the permission and supervision of a parent or guardian.

Subject to these Terms and Conditions, Burning Sands hereby grants you a limited, revocable, non-exclusive license to access and use the BurningSands.com website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the BurningSands.com website unless expressly permitted by Burning Sands. Burning Sands reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to Burning Sands.

USER REVIEWS, PHOTOS & COMMENTS

Anything posted or otherwise submitted to Burning Sands, whether on the BurningSands.com website, through a mobile application, blog or via any form of social media, will be treated as public and non-proporietary. By submitting photographs, comments or other materials to Burning Sands, you grant Burning Sands a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become Burning Sands’s sole and exclusive property. In addition, when you post photographs, reviews or comments to BurningSands.com or on any of Burning Sands’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to Burning Sands.

INTELLECTUAL PROPERTY OWNERSHIP AND USE

Please be aware that as you visit and navigate this website your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.

For International Website Users: The BurningSands.com Website is hosted in the United States and is intended for and directed to users in the United States. If you are accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law, this Privacy Policy, and our Conditions of Use, you are transferring your personal information to the United States and you consent to that transfer.

TRADEMARKS

You may not use any of the Burning Sands trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Burning Sands name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Burning Sands products, services, and programs. Any other trademarks that appear on our website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

COPYRIGHTS

All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the website, as well as the software used to create them, are owned by Burning Sands and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of any content included on the website, including linking or framing to this website, are strictly prohibited unless you first obtain our prior written consent.

TRADEMARKS

Burning Sands’s policy is to remove, or disable access to, material that infringes any copyright on the Website after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any Content on the Website violates your copyright, please provide our copyright agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • an identification of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on or through our Website;
  • your address, telephone number, and e-mail address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Pursuant to Title 17, United States Code, Section 512 (the “Digital Millennium Copyright Act”), notifications of claimed copyright infringement should be sent to Burning Sands’s Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.

Burning Sands Legal Department
312 South Beverly Drive, Unit 7353
Beverly Hills, California, 90212

NON-CONFIDENTIAL INFORMATION

Except for information necessary to place an order, we do not want you to send to us any confidential or proprietary information through this website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

ERRORS & INACCURACIES

Accidents happen. In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product listed. We always try to provide complete, accurate, up-to-date information on our website. Unfortunately, despite those efforts human or technological errors may occur. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

SALES & SPECIALS

Unless otherwise noted, sales, specials and promotions cannot be combined with discount coupon codes. If a coupon code is used during a sale, Burning Sands may cancel the sale and refund the amount paid on the order. Referral bonuses are not valid during sales, specials and promotions and referrals created from an order that utilized a sale, special or promotion may or may not be paid to the beneficiary, at Burning Sands discretion.

DISCLAIMER OF WEBSITE LIABILITY

We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided “as is,” with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.

ALL PRODUCTS SOLD “AS-IS“ OR “WITH ALL FAULTS“

BURNING SANDS IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY BURNING SANDS ARE NOT MANUFACTURED BY BURNING SANDS. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER’S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). BURNING SANDS ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. BURNING SANDS MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. BURNING SANDS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

ALL ITEMS SOLD THROUGH BURNINGSANDS.COM ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR BURNING SANDS, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

LIMITATION OF LIABILITY

IN ALL CIRCUMSTANCES BURNING SANDS’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. BURNING SANDS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. BURNING SANDS SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT BURNING SANDS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

APPLICABLE LAW

By visiting our website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our website.

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