Visit Our Store
154 S. DuPont Hwy
New Castle, DE
Visit Our Store
154 S. DuPont Hwy
New Castle, DE
Your use of the Silk Road Mall (SRM) website, (www.silkroadmall.com), a fully owned subsidiary of Ansari Company, LLC,(ANSARI) including any affiliated sites (the “Site”), tools, services, content (as defined below) and/or products, including your shopping on the Site (referred to collectively as the “Services”) is subject to this Terms and Conditions Agreement (this “TAC Agreement”). BY ACCESSING, BROWSING, AND/OR USING THE SERVICES (referred to as “Use” or “Using” the Services), YOU ARE DEEMED TO ACCEPT THIS TAC AGREEMENT AND YOU AGREE TO BE BOUND BY THIS TAC AGREEMENT WITH RESPECT TO USING THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THIS TAC AGREEMENT, DO NOT USE THE SERVICES.
SRM may revise or amend this TAC Agreement at any time without specific notification to you. Each time changes are made to this TAC Agreement, a revised TAC Agreement will be posted on SRM. You should review this Agreement prior to using the Site. If you continue to Use the Services following the posting of a revised TAC Agreement, it will constitute your acceptance of any such changes and of the revised TAC Agreement. The most current version of this TAC Agreement will always be made available by us here. Please check this page from time to time to view the most current TAC Agreement.
The Services and all text, graphics, logos, button icons, images, audio, video, databases, design, codes, and software (“Content”) are intended for your personal use. SRM is the owner of the compilation of Content that is posted on the Site. However, SRM may not necessarily own each component of the compilation. The Content that SRM makes available on the Site may be owned by SRM, owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law. Some Content may be in the public domain and some Content may be protected by third-party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.
SRM endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, use restrictions, etc.); however, SRM can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. If you have specific questions or information about Content on the Site, please contact us at email@example.com.
All software used on the Services is used with permission or licensed to (SRM/ANSARI) or our a affiliates and licensors and protected by United States and international copyright laws. Subject to the terms of this TAC Agreement, (SRM/ANSARI) hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to Use the Services for your personal use only. This license does not include any: (i) resale or commercial use of the Site or its Content; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site or its Content; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Services, in whole or in part. Downloading or copying Services (including the Content) for other than personal use is expressly prohibited without the prior written permission of (SRM/ANSARI) or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Services (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Services or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of SRM.
All rights not expressly granted herein are reserved.
SRM may provide certain interactive features, such as blogs, for the exchange of ideas and information by visitors. If SRM provides such features, SRM encourages you to interact with its Site, subject to the following conditions:
You are solely responsible for the content that you submit. You agree that all content you submit is accurate, and the use of such content will not violate this TAC Agreement or cause injury to any person or entity.
By posting content, you are granting SRM (and those authorized by SRM) a limited, non-exclusive, transferable, royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, distribute, adapt, display, publish, modify, create derivative works from, and translate such content for any educational, promotional, or other purposes without any obligation to compensate you or any other third party in any way for such use. You also grant SRM (and those authorized by SRM) the right, but not the obligation, to use the name that you submit with such content.
You will not post any content that is unlawful, harassing, discriminatory, libelous, obscene, false, inflammatory, pornographic, or that infringes on the rights of any third party.
You will only post content that is yours or for which you have received permission to post from the person or entity that owns the content and the related intellectual property rights.
You will not insert your own or a third party’s advertising or promotional content into your posting.
You understand that SRM may monitor or review discussions, chats, postings, transmissions, bulletin boards, or any other postings from time to time and reserves the right, in its sole discretion, to edit or remove any content that does not comply with these conditions.
You understand that SRM assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger, or inaccuracy contained in any posted information or from any failure or delay in removing such content or from your violation of the Children’s Online Privacy Protection Act.
You will not introduce any software viruses, worms, or other programs designed to damage software, hardware, or telecommunications equipment.
You agree that you will not collect information about the users of the Site or use such information for any purpose.
You are not under the age of 18.
SRM reserves the right to monitor content or information provided by Site visitors in its sole discretion, to edit or remove any content that, in SRM’s judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. SRM is not responsible for any user-generated content that is posted on the Site or for any failure or delay in removing such content.
You understand that information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. SRM may sell products made for children, but it is SRM’s intention to only sell such products to adults. It is SRM’s intention to never collect or maintain information from children at the Site unless the disclosure of such information is done with verifiable parental or guardian consent.
Automated queries may never be sent by you to our Services unless SRM has provided you with express written permission. “Sending automated queries” includes, among other things:
You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. SRM is not responsible for any Content that you upload, download, post, email, transmit or otherwise make available or access via the Services. SRM may not control the Content posted or collected via the Services. SRM does not guarantee the accuracy, integrity, or quality of such Content, nor does SRM guarantee that the products, Content, and/or Services will meet your requirements or that the use of the Services will be uninterrupted or error free. SRM is never liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services. It is your responsibility to ensure that any data or information submitted to SRM to receive Services is true and accurate, and is kept up-to-date, including, without limitation, contact information and payment card number and associated information.
Your use of any Content is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Content.
You agree to:
You agree to not use the Services to:
You acknowledge that SRM does not warrant or guarantee that any product descriptions or other Content on the Site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to any error, including a typographical error or error in pricing or product information received from SRM’s suppliers, SRM has the right to refuse or cancel any orders placed for products listed at the incorrect price. SRM has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, SRM shall issue a credit to your credit card account in the amount of the charge as soon as reasonably possible. If you are not completely satisfied with your purchase, you may return or exchange it as described in SRM’s Return and Exchange Policy.
All items purchased through SRM are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon SRM’s tender of the item to the carrier.
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by SRM and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
By agreeing to this TAC Agreement, you acknowledge that Use of the Services results in interstate data transmissions because of SRM’s network architecture, business practices, and the manner in which electronic communications are processed.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold SRM and its affiliates, subsidiaries, officers, stockholders, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you access, submit, post, transmit, or otherwise make available through the Services, your Use or misuse of the Services, your connection to the Services, your violation of this TAC Agreement, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by SRM in a separate agreement between you and SRM.
SRM may modify, refuse to make available, remove, or discontinue, temporarily or permanently, the Services (or any part thereof) and/or delete any Content, data, materials or information stored on the Site or in the Services at any time with or without notice in SRM’s sole discretion. You agree that SRM shall not be liable to you or to any third party for any such deletion, modification, suspension or discontinuance of the Services or Content.
Your correspondence or business dealings with, or participation in promotions of, advertisers and/or companies found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or company. You agree that SRM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or companies on the Services.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that SRM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SRM 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE PRODUCTS ON OUR SITE ARE INTENDED FOR PERSONAL, NOT COMMERCIAL USE, UNLESS OTHERWISE INDICATED. AS SUCH, YOU ASSUME THE RISK WHEN PURCHASING PRODUCTS FOR A COMMERCIAL OR BUSINESS USE OR APPLICATION.
YOUR USE OF THE SERVICES AND PRODUCTS ON THE SITE IS AT YOUR SOLE RISK. UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING, THE SERVICES AND PRODUCTS SOLD ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING, SRM AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.
UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING, SRM AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES OR OTHER MATERIALS OR PRODUCTS PURCHASED OR OBTAINED BY YOU FROM THE SERVICES OR ON THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR WILL BE ACCURATE OR RELIABLE; (ii) THE QUALITY OF SERVICES OR OTHER MATERIAL OR PRODUCTS PURCHASED OR OBTAINED BY YOU FROM THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (iii) ANY ERRORS IN THE SERVICES (INCLUDING ANY SOFTWARE) WILL BE CORRECTED.
ANY MATERIAL OR PRODUCTS UPLOADED, TRANSMITTED, ACCESSED, PURCHASED, OR DOWNLOADED FROM THE SERVICES (INCLUDING FROM ON THE SITE), INCLUDING, BUT NOT LIMITED TO, CONTENT, FILES, OR SOFTWARE, OR MATERIAL OR PRODUCTS OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS PURCHASED, USED, AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK; AND SRM AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO ANY COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM THE USE OF THE SERVICES OR UPLOAD, POSTING, TRANSMITTAL, PURCHASE, OR DOWNLOAD OF CONTENT, FILES, OR SOFTWARE OR OTHER MATERIAL OR PRODUCTS OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING ANY KNOWN OR UNKNOWN VIRUSES THAT MAY HAVE INFECTED THE SITE AND/OR ANY LINKS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SRM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC AGREEMENT.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY OR COMPANY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SRM, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WE RESERVE THE RIGHT, AND YOU AUTHORIZE US, TO THE USE AND ASSIGNMENT OF ALL INFORMATION REGARDING SITE USES BY YOU AND ALL INFORMATION PROVIDED BY YOU IN ANY MANNER CONSISTENT WITH OUR PRIVATE POLICY. ALL REMARKS, SUGGESTIONS, IDEAS, GRAPHICS OR OTHER INFORMATION COMMUNICATED BY YOU TO US (COLLECTIVELY, A “SUBMISSION”) WILL FOREVER BE OUR PROPERTY. WE WILL NOT BE REQUIRED TO TREAT ANY SUBMISSION AS CONFIDENTIAL, AND WILL NOT BE LIABLE FOR ANY IDEAS (INCLUDING PRODUCT, SERVICE OR ADVERTISING IDEAS) AND WILL NOT INCUR ANY LIABILITY AS A RESULT OF ANY SIMILARITIES THAT MAY APPEAR IN OUR FUTURE PRODUCTS, SERVICES OR OPERATIONS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR WHATEVER MATERIAL YOU SUBMIT, AND YOU, NOT US, HAVE FULL RESPONSIBILITY FOR THE MESSAGE, INCLUDING THE LEGALITY, RELIABILITY, APPROPRIATENESS, ORIGINALITY, AND COPYRIGHT.
This TAC Agreement is not enforceable by or for the benefit of any third party.
Without SRM’s prior permission, you agree not to display or use in any manner any Site marks.
If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Site infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of SRM identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, (d) your address, telephone number, and e-mail address, (e) 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 the law, and (f) 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.
Notices of infringement should be directed to the SRM Copyright Manager at “firstname.lastname@example.org.”
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys’ fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the The Digital Millennium Copyright Act (DMCA).
You agree to receive communications from SRM electronically. SRM will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that SRM provides to you electronically satisfy any legal requirements that such communications be in writing.
Entire Agreement: This TAC Agreement constitutes the entire agreement between you and SRM and governs your use of the Services, superseding any prior agreements between you and SRM with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SRM products and/or services, affiliate services, third party content, or products, or third party software.
Choice of Law and Forum: This TAC Agreement and the relationship between you and SRM shall be governed by, construed, and enforced in accordance with the laws of the State of Delaware, excluding its conflict of law provisions. You and SRM agree to submit to the personal and exclusive jurisdiction of the courts located within New Castle County, Delaware.
Waiver: The failure of SRM to exercise or enforce any right or provision of this TAC Agreement or breach of this TAC Agreement by you shall not constitute a waiver of such right or provision.
Severability: If any provision of this TAC Agreement is deemed to be unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objections of such provision to the greatest extent possible under applicable law and the remaining provisions of this TAC Agreement will continue in full force and effect.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TAC Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles: The section titles in this TAC Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this TAC Agreement to the following:
Ansari Company, LLC.
Attn. SRM Terms and Conditions Contact
154 S. DuPont Hwy,
New Castle, DE 19720-4149
Or email: email@example.com
The effective date of this TAC agreement as modified is October 26, 2012.