Terms and Conditions of Use
This notice describes the terms and conditions
of use of this Website - owned and operated by Bellenza, Inc.
and currently located at the domain Bellenza.com. By using
this Website ("Site"), whether by purchasing any
products from our Site or by downloading and/or caching any
information or materials from the Site or otherwise, you unconditionally
agree and accept all the terms and conditions of use set forth
in this document. The terms and conditions regarding your
use of this Site constitute a legally binding agreement between
you and Bellenza, Inc. (collectively, "Bellenza.com",
"company" , "we", "us", or "
our"). You agree that the use of this Site and its related
services is at your sole discretion and risk. We reserve the
right to modify, add, and/or remove portions of these terms
at any time without prior notice. Please check these terms
periodically for changes.
TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS ON USE OF MATERIALS
All materials on this Site, including but
not limited to text, logos, graphics, icon, photographs/images,
code, scripts, and/or software (collectively called the "Materials"),
is the property of Bellenza, Inc. and/or its content suppliers
and is protected by the trademark, copyright, and other intellectual
property laws of the United States of America and other countries.
Any modification or use of the Materials for any other purpose,
including but not limited to those that are considered to
be harmful or detrimental to us, other than personal and noncommercial
use is an infringement of the Company's copyrights and other
proprietary rights. You may not copy, reproduce, exhibit,
transmit, post, modify, create derivative works from, or republish
in any way whatsoever any Materials, in whole or in part,
from our Website without our prior written permission. Use
of these Materials on any other website or other networked
computer environment is prohibited. All rights are expressly
reserved.
"Bellenza®", "Your
Special Moment Remembered ForeverSM",
and the names of all of our products are registered servicemarks
and/or trademarks of Bellenza, Inc. Other marks, including
but not limited to, graphics, typeface, color, trade names,
trade dress, icons, and logos appearing on the Site are trademarks
and/or servicemarks of Bellenza, Inc. Our servicemarks, trademarks,
and/or intellectual property may not be used in connection
with any product and/or service in any manner that is likely
to cause confusion among customers or disparages, discredits,
or dilute the strength of the servicemarks and trademarks
of Bellenza, Inc. All other trademarks and servicemarks appearing
on the Site that are not owned by us are the property of their
respective owners.
ONLINE CONDUCT
This Site is to be used for lawful purposes
only. While you may have the opportunity to post, transmit,
or otherwise make available information, opinions, ideas,
images, and the like, you expressly understand and acknowledge
that the aforementioned items are nonconfidential. You shall
not post, publish, or transmit any content or material that
is defamatory, obscene, threatening, bigoted, profane, scandalous,
pornographic, illegal, and infringes on copyrights, servicemarks,
or trademarks, or is otherwise objectionable, including but
not limited to any material encouraging conduct that would
constitute a criminal offense, civil liability, or otherwise
violate any applicable law. You also understand and acknowledge
that you shall not engage in any act, including but not limited
to, hacking, cracking, spoofing, and defacing any portion
or portions of the Site that would disparage, denigrate, or
restrict its use and bring harm to us, including but not limited
to, any of its trademarks and servicemarks. If we are notified
of any of the aforementioned alleged violations, we may investigate
this and decide in our sole discretion whether to report them
and disclose any content or electronic communication, including
but not limited to e-mail correspondences, postings, and message
threads to satisfy any law, regulation, government request;
if such disclosure is necessary or appropriate to operate
our Company; and to protect the rights or property of Bellenza,
Inc., its users, and providers.Our Website shall be used only
for personal use consistent with our Site's operations. You
shall not distribute, publish, or transmit any commercial
material soliciting or promoting any goods or services. You
specifically understand and acknowledge that soliciting any
users of this Website to become members of any commercial
online service or other organization is expressly prohibited.
By uploading, posting, or submitting any materials to us,
you automatically grant and warrant that the content owner
has expressly granted us a royalty-free, irrevocable, nonexclusive
right and license to use, publish, modify, and distribute
the content worldwide, including the right to use it in other
works in any form, media, or technology for the copyright
term of this content..
META TAGS, HIDDEN TEXT, LINKING, OR FRAMING
We expressly prohibit any use of our trademarks,
servicemarks, trade names, trade dress, graphics, typeface,
color, icons, logos, or any parts of the Site's contents in
meta tags, keywords, hidden text, links. Additionally, any
linking, whether it is a hyperlink, use of meta tags, spiders
or robots, framing, or whatever applicable technology, of
a commercial, including but not limited to the association
of this Website or any of its Materials, competitive, or offensive
nature is strictly prohibited. Linking to any part of our
website is subject to our approval, conditions, and agreement.
We retain no affiliation with any third party sites that are
accessible to and from our website. Access of these websites
is at your own risk. We do not share any personal information
with any of these third party websites.
PRIVACY POLICY
Bellenza, Inc. respects the privacy of all
our users and customers. You can view our
online Privacy
and Security policy by following
the preceding link.
USE BY MINORS
We require that all purchases be made either
by adult individuals 18 years or older; or by minors under
the direct supervision of their parents or appropriate guardians
who will pay for the minor's purchase, give verifiable permission
for those purchase, and give verifiable permission to us for
the collection of certain information in accordance with the
terms set forth in our Privacy and Security policy. Every
time you purchase a product or service from Bellenza.com,
you are representing to us that you meet these criteria and
they are legally binding on you.
PRODUCT DESCRIPTIONS, PRICES, AVAILABILITY, AND TERMINATION
OF USE
Neither Bellenza, Inc. nor any of its suppliers
or representatives, including its directors, officers, employees,
suppliers, guarantee the accuracy, completeness, or appropriateness
of any content, description, pictures and depictions, prices,
opinion, or advise, nor its merchantability or fitness for
any particular purpose. Under no circumstance shall we be
liable for any loss, damage, or harm caused by a user's reliance
on any information obtained through this Website. It is the
responsibility of each user to independently evaluate the
information, advice, or other content found at this Website.
We specifically, reserves the right to change, at any time
and without prior notice, the price and availability of any
products contained or referenced on this Website, and nothing
herein shall constitute an offer to sell. We also reserve
the right to limit the quantity of any item sold or refuse
an order altogether. We specifically, reserve the right to
refuse service, sell, terminate accounts, suspend activity,
and/or cancel any orders to any person or entity known, or
believed by us, without limit, to be a competitor or unauthorized
reseller/wholesaler/affiliate.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE AND THE RELATED SERVICES ARE
PROVIDED BY BELLENZA, INC. ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION
OF OUR SITE, ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS,
OR SERVICES. WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF TITLE,
NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT
ANY FUNCTIONS OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, AND THAT THIS SITE OR THE
SERVER OR SERVERS THAT THIS SITE IS HOSTED ON ARE FREE OF
COMPUTER VIRUS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS ON THIS SITE AS TO THEIR
ACCURACY AND/OR RELIABILITY. UNDER NO CIRCUMSTANCES SHALL
BELLENZA, INC., ITS SUPPLIERS, SERVICE PROVIDERS, AND THEIR
RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES, BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY CLAIMS OF NEGLIGENCE, INCLUDING
BUT NOT LIMITED TO, ERROR, OMISSION, AND DEFECT, OR BREACH
OF ANY WARRANTY, INCLUDING BEING LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES AND
INJURY FROM THE USE OR INABILITY TO USE THE MATERIALS ON THIS
SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF
SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU
OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
INDEMNITY
You agree to indemnify, hold harmless,
and defend Bellenza, Inc., its affiliates, suppliers, third
party service providers, and their respective directors, officers,
and employees, agents, and providers from and against all
claims, actions, demands, damages, losses, costs, and expenses
including reasonable legal fees and court costs, resulting
from any breach by you of these Terms and Conditions of Use
or other liability. You shall not settle any claim that affects
us without our written approval and consent.
MISCELLANEOUS
This Site is created and controlled by
Bellenza, Inc. in the State of California, whose laws will
govern these Terms and Conditions of Use and any legal controversy.
By visiting Bellenza.com, including by virtue of purchasing
products and/or services hereon, you agree and consent to
submit to the exclusive jurisdiction of the State of California
and of the United States of America as the exclusive venue
for any litigation arising out of our Website's use and operation,
waive any objection to this state on improper jurisdiction
and/or venue grounds, and agree not to argue that any such
litigation brought there has been brought in an inconvenient
forum.
If any provisions of these Terms and Conditions of Use shall
be deemed unlawful, void, or for any reasons unenforceable
by any court of competent jurisdiction, then that provision
shall be deemed severable from the rest of the provisions
and shall not affect the validity or enforceability of any
of the remaining ones.
YOU AGREE TO BE BOUND BY THESE TERMS OF USE, including but
not limited to, by your accessing, viewing, and/or using our
Website.
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