Bella & Beau reserves the right, at its sole discretion, to change, modify, add or remove portions of these TOU at any time, effective immediately, by posting a revised version at www.Bellabeau.net/pages/terms. You are advised to check these TOU periodically for changes. Your continued use of the Site constitutes acceptance of these changes.
All text, graphics, photographs, trademarks, logos, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Bella & Beau, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competitions laws.
Except as expressively provided in these TOU, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, mirrored, encoded, translated, transmitted or distributed in any way for publication or distribution or for any commercial enterprise, without Bella & Beau’s express prior written consent.
Certain Services or features offered on or through the Site may require registering an account. You are responsible for keeping and maintaining the account password secure and confidential, and you will notify Bella & Beau immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else’s account without the expression permission and consent of the holder of that account. Bella & Beau cannot and will not be held liable for any loss or damage arising from your failure to comply with these obligations.
You acknowledge that Bella & Beau will use the email address you provide as the primary method for communication. The person signing up for the account will be the contracting party (“Account Owner”) for the purpose of our TOU and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Site and Services.
If you sign up for Services or an account on behalf of your employer, your employer shall be the Account Owner and you represent and warrant that you have the authority to bind your employer to these TOU.
A breach or violation of any term in these TOU as determined in the discretion of Bella & Beau or Shopify will result in an immediate termination of your account. Bella & Beau may terminate your account at any time with or without cause and/or notice, effective immediately.
To terminate this agreement or account, stop using the Site and Services, or contact bark@Bellabeau.net from the email address you used to register the account. All provisions which by their nature should survive the termination of this agreement or your account, shall so survive.
Your Use of Site and Services
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, Services or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site, Services or Content to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the site.
You may not attempt to gain unauthorized access to any accounts, portion, or feature of the Site, or any other systems or networks connected to the Site. You may not interfere or attempt to interfere with the proper working of the Site, Services or Content. Harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, hacking, cracking, password mining, forging headers, manipulating identifiers, probing, scanning, tracing, spamming, phishing and any actions that impose an unreasonable or disproportionately large load on the Site or Shopify’s servers, or are unlawful, malicious, misleading or forbidden by these TOU, are expressly prohibited. We reserve the right to terminate your use of the Site or any related website for violating any of these prohibited uses.
You may not give false information or pretend to be anyone else. You may not access or attempt to access any accounts but your own or those you’ve been given explicit permission and authority to access by the Account Owner.
Not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations. Bella & Beau reserves the right to limit, in its sole discretion, sales of Services to any person, region or jurisdiction, for any reason, at any time. Any offer for Services made on the Site are void where prohibited.
You acknowledge and agree that some of your information and other content may be transferred unencrypted and involve transmissions over various networks. Bella & Beau may make changes to any of the Services offered on the site, or to the applicable product prices, product descriptions, product weights, or product dimensions for any such Services, at any time, without notice. Bella & Beau makes every effort to display as accurately as possible the colors of our products, but cannot guarantee that your computer monitor or screen’s display of any color will be accurate. The materials on the Site may be out of date, inaccurate or incomplete, and Bella & Beau makes no commitment to update the materials on the Site with respect to such Content or Services.
Links to Other Sites
The Site may contain links to other independent third-party web sites. The linked sites are not under the control of Bella & Beau and Bella & Beau is not responsible for and does not endorse the content of any such linked sites. Bella & Beau is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bella & Beau of the linked site. You will need to make your own judgment regarding your interaction with these linked sites.
You agree to indemnify and hold harmless Bella & Beau, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of or in connection with your use of the Site, its Contents or Services, including but not limited to your violation of these TOU or documents they incorporate by reference.
Limitation of Liability
In no event will Bella & Beau, its contractors, and its licensors, and their respective directors, officers, employees and agents be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including but not limited to lost profits, lost products, and lost or corrupted data, even if Bella & Beau has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these TOU, Bella & Beau is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, its Content or Services, Bella & Beau’s liability shall in no event exceed the greater of (1) the total of any fees paid by you to Bella & Beau under this agreement during the six months prior to the initial claim made against Bella & Beau, or (2) US$100.00. The foregoing shall not apply to the extent prohibited by applicable law.
Bella & Beau may provide you with access to third party tools (“Apps”) through the Site, over which Bella & Beau neither hosts, developed, nor maintains. You acknowledge and agree that Bella & Beau provides access to such Apps “as is” and “as available” without any warranties, representations or conditions of any kind, without any endorsement. You should ensure that you are familiar with and approve of the terms on which these Apps are provided by the relevant third party provider(s).
Bella & Beau and its employees do not accept or consider unsolicited ideas, including but not limited to ideas for new products, new names, new colors, new or improved technologies or new marketing plans. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Bella & Beau’s products or marketing strategies might seem similar to ideas submitted to Bella & Beau. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Bella & Beau makes no assurances that your ideas and materials will be reviewed or treated as confidential or proprietary.
Disclaimer of Warranties
BELLA & BEAU DOES NOT PROMISE THAT THE SITE, CONTENT, SERVICES, OR FEATURES OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BELLA & BEAU CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BELLA & BEAU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BELLA & BEAU DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, ITS CONTENTS OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BELLA & BEAU FOR DISSATISFACTION WITH THE SITE, ITS CONTENTS OR SERVICES IS TO STOP USING THE SITE OR ANY SUCH CONTENT OR SERVICES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
Bella & Beau reserves the right to modify, change, suspend or terminate operation of or access to the Site, or any portion of the Site, at any time without notice.
The failure of Bella & Beau to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. These TOU constitute the entire agreement between you and Bella & Beau and govern your use of the Site and Services, superseding any prior agreements between you and Bella & Beau (including but not limited to any prior versions of these TOU).
In the event that any provision of these TOU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOU and shall not affect the validity and enforceability of any other remaining provisions.