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.
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.
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.
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.
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.