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ACCEPTANCE OF TERMS
By browsing or using the Site, or accessing links to our social media accounts or pages on third party websites, you agree to these Terms and any amendments hereto that may be published from time to time on the Site, each of which is incorporated by reference.
IF YOU LIVE IN THE UNITED STATES, BY USING THIS SITE YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE SITE, AS STATED FULLY IN THE “DISPUTE RESOLUTION” SECTION BELOW.
Bella Lynn Naturals LLC is referred to herein as “BLN,” “we,” or “our.”
“Content” means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Content on the Site.
“Site” means the website www.bellalynnnaturals.com and other websites through which we advertise and sell our products.
“User” means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any products from the Site, and is referred to herein as “User” or “you.”
“User Content” refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.
ELIGIBILITY TO USE THE SITE
By browsing or using the Site, you agree that you are at least thirteen (13) years of age. If you are between thirteen (13) and seventeen (17) years of age, you must use the Site only with the permission and involvement of your parent or guardian. As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes. No other use of the Site is authorized.
NOTICE REQUIRED BY SOUTH CAROLINA LAW
Pursuant to SOUTH CAROLINA Civil Code Section Title 37, SOUTH CAROLINA residents are entitled to the following specific consumer rights notice:
The name, address, and telephone number of the provider of this service is Bella Lynn Naturals, 120 Wetlands Industrial Dr, Conway, SC 29526. Complaints regarding products, or requests to receive further information regarding use of this Site may be sent to the above address or to email@example.com.
The Complaint Assistance Unit of the Division of Consumer Services of the SOUTH CAROLINA Department of Consumer Affairs may be contacted in writing at 293 Greystone Blvd #400, Columbia, SC 29210 or by telephone at (800) 922-1594.
These Terms and any action or proceeding relating thereto will be governed by the laws of the State of South Carolina. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.
You may be required to register with BLN in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant you the username you request. Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to BLN, including those set forth in these Terms, we reserve the right, in our sole discretion to terminate your account or your use of the Site, block or prevent future access to and use of the Site, refuse service to you, or cancel your product orders (i) if you violate any of these Terms; (ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
RULES OF CONDUCT AND GENERAL PROHIBITIONS
You must only use this Site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not, without our written consent (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or (iii) use the Content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree not to do any of the following:
* post, publish, submit, or otherwise transmit any Content that (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (ii) is knowingly false, fraudulent, misleading, or deceptive; (iii) is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law; or (iv) promotes illegal or harmful activities or substances;
* disrupt or interfere with the security of, or otherwise abuse, the Site or any service, systems resource, account, server, or network connected to or accessible through the Site, or affiliated or linked websites;
* disrupt or interfere with any other User’s enjoyment of the Site, or affiliated or linked websites;
*post, publish, submit or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
* use, frame, or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including, but not limited to, images found on the Site, Content, any text, or the layout/design of any page or form contained on a page) without our express written consent;
* use meta tags or other “hidden text” utilizing our name, trademark, or product name without our express written consent;
* deep link to the Site without our express written consent;
* create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site;
collect or store personal data about others;
* attempt to obtain unauthorized access to the Site or portions of it that are restricted from general access; and
* encourage or enable another User or individual to do any of the foregoing prohibited activities.
By accessing or using this Site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site. To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the Site. We have the right to remove any User Content or posting you make on the Site if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.
If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Site in accordance with these Terms may subject you to civil or criminal penalties.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, “you” or “your” will refer and apply to that company or other legal entity.
RIGHT TO USER CONTENT POSTED BY YOU
In the event you upload any User Content to the Site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you. By uploading User Content to the Site, you agree to grant BLN the right to use your copyright in such User Content. We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law. We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.
We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. Upon request, you will furnish BLN with any and all documentation, substantiation, or releases necessary to verify your compliance with these provisions. We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.
You are responsible for all your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant BLN the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by BLN on or through the Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain circumstances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
The Content, statements, and other material made available on or through the Site: (i) are not intended to diagnose, treat, cure, or prevent any medical condition or disease; and (ii) are not in any way intended as medical advice or as a substitute for medical treatment. If you have a medical condition that may be affected by your use of any products offered on the Site, you should consult with your physician or other healthcare professional before using any product. If you have or suspect that you have a medical condition, promptly contact your healthcare provider. Never delay seeking or disregard professional medical advice because of something you have read on the Site. The Site is solely an online store for cosmetic and personal care products.
You will defend, indemnify, and hold harmless BLN, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to (i) your access or use of the Site or Content; (ii) your User Content; (iii) violation of any applicable law that protects BLN or our legal rights or those of any third party that your actions have damaged; (iv) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by BLN or any third party; (v) any and all activities that occur under or in connection with your account, username, and/or password. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with BLN in asserting any available defenses. YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.
COPYRIGHTS AND TRADEMARKS
The Site, including all of the Content and organization, graphics, design, compilation, services, and other matters related to same, is the sole and exclusive property of BLN and protected by applicable copyright, trademark, other proprietary rights, and other laws of the United States and foreign countries. Unless expressly stated otherwise, we retain other proprietary rights in all Content and products available through the Site.
Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not, without our express written permission or that of the respective copyright owner (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, copyright, or other proprietary rights of any third party.
Together with other logos and product names appearing on the Site, the following includes a partial list of our trademarks and/or registered trademarks in the United States and other countries: Bella Lynn Naturals. All other trademarks not owned by BLN that are made available by and through the Site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by BLN. These and all of our other trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any other names and brands on the Site may be claimed as the property of others.
INTELLECTUAL PROPERTY, COPYRIGHT, AND CONFIDENTIALITY
Copyright in any manual, sales documentation, technical description, and other documents that may be supplied by BLN under or in connection with your purchase(s) and any and all intellectual property rights, title, and interest in the formulation or design of BLN’s products or any part thereof, whether such formulation or design is registered or not, shall vest in BLN absolutely. Any data, patent, copyright, proprietary right, or confidentiality, know how, trademark, or process with respect to BLN’s products or services is the confidential proprietary information of BLN and its third-party vendors (as the case may be). You agree that you shall keep all BLN’s products, materials, and information (“Confidential Information”) confidential and that you shall not, without BLN’s prior written consent, use or disclose the Confidential Information to any third-party for anything other than that third-party’s personal use of BLN’s products. You also agree that you shall not, and you shall not provide BLN’s products to any third-party or entity to, reverse engineer or disassemble BLN’s products or any part thereof to create or derive any BLN or third-party intellectual property.
It is our policy to respect the copyright and intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may terminate access by Users wh