1. OWNERSHIP OF CONTENT, INFORMATION, AND OTHER DATA
beyourself boutique web sites may offer featured pictures, articles, information, digital images, text, data, games, surveys, contests, sweepstakes, advertising, logos, trademarks and other forms of content (collectively referred to hereinafter as "Content", but excluding specifically User Content as defined below in this TOU) we intend to be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms later created or not known at this time. beyourself boutique makes no warranties or representations that the Content is appropriate, available, or legal to view, access, transfer, or store. Except for User Content (as defined below), all Content posted on or otherwise available on this site is owned by beyourself boutique or used with prior authorization. Guests and visitors please feel free to view the site, but you must understand and respect the rules, restrictions, and intellectual property rights set forth in these TOU. Please understand that downloading any software, transferring information, data or images from this site, or any other beyourself boutique site, does not give you any ownership, title, or other rights to such Content.
2. USE OF SITE RESTRICTIONS AND REGULATIONS
As a condition of visiting, transferring data, or otherwise using this site, you agree and acknowledge that you will not:
a. Without the prior written consent of beyourself boutique, distribute, modify, transmit, transfer, display, perform, reproduce, publish, re-publish, license, create derivative works of, or sell any Content;
b. Display, submit, transfer, or transmit any User Content (asdefined in Section 6) that infringes any trademark, patent, proprietary information, intellectual information, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any contractual or fiduciary relationships or law;
c. Transmit, display, transfer, or display any User Content that exceeds beyourself boutique’s capacity limits or for which you do not own or have the necessary and appropriate rights;
d. Transmit, display, transfer, or submit any spam, duplicate messages, unauthorized advertisements, unauthorized promotions, surveys, contests, giveaways, sweepstakes, Ponzi schemes, chain letters, or pyramid schemes;
e. Falsify headers, create a false identity, or otherwise forge or manipulate identifiers in order to deceive others or disguise the true origin of any User Content transmitted or transferred to or via the site;
f. Use any part, feature, or platform of the site to harass, threaten, bully, defame, abuse, assault, stalk, bug, annoy or otherwise violate the rights of any other entity or person, including but not limited to rights of publicity or privacy;
g. Publish, transmit via the website, transfer via the web site, post, display, offer, or disseminate any unlawful, profane, obscene, indecent, terroristic, bully, grotesque, violent, or hateful User Content;
h. Collect, store, transfer, publish, post, sell, transmit, or disclose personal information, personal user data, or any other Content, Information, or Other Data without prior written consent from beyourself boutique
3. SITE SECURITY USE RESTRICTIONS AND REGULATIONS
beyourself boutique takes the security of this web site and all of its other web sites very seriously. beyourself boutique reserves the right to refuse site access, service, or products to anyone, and to investigate any violations of its host, system, network or web site security, to actively involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.
In addition to the TOS and privacy restrictions set forth herein above and below, you will not:
a. attempt to interfere or interfere with the working of this web site, host, network, or any service or activities on this web site by using any robot, "bot", system, “phish”, DDoS attack, spider, crawler, scraper, engine, device, software, bug, tool, routine or any other automated device or manual process of any like or kind without our written permission or consent, or participate, start, or engage in any activity which interferes with the working of or access to this site or to any network or host;
b. attempt to or access information or data not intended for you or log onto a network, server, host, or account that you are not authorized to access;
c. access or attempt to access any system, host, network, or servers on which the site is hosted or modify or alter the site in any way;
d. upload or otherwise transmit or transfer files that contain viruses, worms, Trojan horses, malicious code, spyware, scripts, adware, sniffers, key loggers, corrupted files, or similar software, systems, bugs, scripts, or programs;
e. Prevent, restrict, restrain, hamper, or hinder any other user from using the site and/or any products, services, systems, software, platform, program, or Content posted on or offered throughout the site;
f. Post, upload, transmit, or transfer User Content (as hereinafter defined) that disrupts the proper working or normal flow of dialogue with an excessive amount of User Content (flooding or DDoS attack) to the site, or that otherwise negatively affects our Web site performance or other users' ability to use any beyourself boutique web site; or
g. link to, frame, copy, overlap, duplicate, or otherwise reproduce this site or any other beyourself boutique web site without the prior written consent of beyourself boutique.
h. Attempt to, or use forged or fraudulent billing information, including billing debit or credit card numbers, names, CVV protection codes, expiration dates, zip codes, Paypal accounts, Paypal email addresses, or any other related information to the credit card.
i. Attempt to, or “Phish”, or use fraudulent or forged contact information to be a beyourself boutique staff impostor.
4. COPYRIGHT, TRADEMARKS, PATENTS, AND OTHER PROPRIETARY RIGHTS
Copyright to all Content, information, and other data on the site is either licensed to or owned by beyourself boutique. No Content, information, material, or other data from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transferred, transmitted, modified, used, abused, or misused to prepare derivative works, published or republished, distributed or redistributed in any way in any medium now known or later derived, created, or invented, except that you may download one single copy of the authorized content material on any single computer for your non-commercial personal home use only, provided you retain all relevant and pertinent copyright and proprietary notices. It is a violation of our copyright and proprietary rights to attempt to change, modify, or adjust these materials or to use, misuse, or abuse these materials for any other purpose than the original intent, and by doing so may subject you to injunctive relief, statutory damages and other penalties as related to the fullest extent of the law of the United States of America. It is strictly prohibited to use of any such material on any other internet or intranet web site or networked computer or data transmitting environment without the express written consent or permission of beyourself boutique.
beyourself boutique is a federally registered trademark within the United States of America. All trademarks, logos, trade names or service marks (collectively the "Marks") mentioned, used, or displayed on this site are either owned by beyourself boutique or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of beyourself boutique, LLC You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through this site or any other beyourself boutique web site.
5. HOW TO PROCEED WITH A COPYRIGHT OR OTHER INFRINGEMENT CLAIM
Nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right, except as provided and detailed above. Notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"), will be acted upon appropriately and in and in a timely manner, including by removing, altering, or disabling access to data, information, or other material found to be infringing. Please notify our designated DMCA agent immediately at: firstname.lastname@example.org or by mail at beyourself boutique, 1501 Pine Lake Road, Lincoln, NE 68512 if you believe that your own intellectual property has been improperly posted, distributed, or otherwise transmitted via this web site or any other beyourself boutique web site. DMCA Notices must be in writing and must include the following information:
a. an electronic or physical signature of either the copyright owner or the person authorized to act on behalf of the copyright owner;
b. the link, or URL, of the site and a detailed description of the specific location(s) of where the material that you claim is infringing;
c. a detailed written description of the copyrighted work that you claim has been infringed;
d. Your most recent contact information, including address, telephone number, and email address;
e. a statement by you, made under good faith belief, that the copyright owner, its agent, nor the law authorized the alleged infringing material;
f. a statement by you, made under penalty of perjury, that either you are the copyright owner or are acting on behalf of the copyright owner of an exclusive right that is allegedly infringed, and that all the information in your Notice is accurate.
6. USER CONTENT
As a guest, regular visitor, or registered user to our site, you may be able to submit, post, or display data or information, anecdotes, suggestions, comments, concerns, postings, questions, advertisements, polls, ratings, ideas, techniques, notes, memoirs, diary entries, how-to or know how, do it yourself or DIY, drawings, pictures, art, concepts, styles, avatars, designs, audio visual media, photographs and pictures (including edited or unedited, pictures of the user and other representations of the user's name and likeness), digital images, digitally altered images, or other content, information, or other data in any form or media whether mentioned above or not yet invented (collectively "User Content"). By submitting, posting, uploading, or otherwise transferring the User Content on any site, you represent and warrant that you own and have unrestricted rights to the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual media. You hereby grant beyourself boutique an unrestricted, transferable and sub-licensable, royalty-free, world-wide, irrevocable, and fully perpetual license to reproduce, edit, distribute, modify, publicly display, make derivative works of, and otherwise use the User Content in any media or medium whatsoever known at this time or later invented, created, or devised for any purpose whatsoever, commercial or not, by submitting, transferring, transmitting, or uploading User Content on this site or any beyourself boutique web site. You hereby disclaim any right to any form of compensation from beyourself boutique in connection with beyourself boutique’s exercise of its license rights in and to the User Content by submitting, uploading, or otherwise transferring your content on our site or any other beyourself boutique site. You agree and acknowledge that beyourself boutique shall not be liable for any use or disclosure of any submitted, posted, uploaded, transferred, or transmitted User Content to our site and is under no obligation to you.
beyourself boutique reserves the right to review, delete, edit, modify, recall, redact, or change any User Content at any time and from time to time, without notice or further obligation to you and at the sole discretion of beyourself boutique. beyourself boutique reserves the right to remove, delete, omit, or otherwise cancel any display or post any submitted User Content. beyourself boutique reserves the right to disclose any information or User Content that beyourself boutique deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. beyourself boutique has no obligation to monitor, maintain, or otherwise edit this site or any User Content or any other portion thereof. beyourself boutique shall have no liability in connection with any User Content submitted, transmitted, transferred, displayed or otherwise posted on this site or any other beyourself boutique sites.
You must meet any age, geographic location, or any other eligibility requirements specified by each beyourself boutique site in order to subscribe to a beyourself boutique service, newsletter, or any other promotional offer, to place any order online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our sites. By registering or signing up for each site, feature or service, you agree and acknowledge that you comply with all applicable eligibility restrictions including and any posted requirements. Some Web sites, ecommerce sites, or site areas may require additional restrictions on all order related details such as orders, payments, return policies, customer service, delivery or lead times depending on each individual site policy.
8. E-COMMERCE ONLINE SHOPPING
beyourself boutique hopes and strives to attain, but does not and cannot guarantee that you will be satisfied with products or services purchased from us. beyourself boutique sites typically offer ecommerce or online purchase order opportunities. Some beyourself boutique sites offer different order related policies for visitors and registered users to place orders for products or services either from beyourself boutique or from a third party (see section 10 below for more information regarding Third Party Sites). beyourself boutique does not claim to, nor does it always design, make, or manufacture all products sold online, but it primarily sells, distributes or ships products from its own online stores. Delivery may not be available at your specific location and the Third Party delivery service cannot guarantee all deliveries. Quantity for most items is limited and is not guaranteed to be in stock. All orders are subject to prior sale and neither beyourself boutique nor its vendors guarantee that all orders will be filled.
A valid credit card or Paypal account is generally accepted for orders for products or services. beyourself boutique and its business partners, in our sole discretion, reserve the right to utilize other alternative payment methods for products, orders, or services. You are solely responsible for monies owed for all goods and services purchased through this site, including, but not limited to, applicable taxes, VAT, Custom’s or Duty fees or taxes, localized sales taxes, extra incurred shipping costs due to incorrect address information entered by you, shipping charges, insurance, and any other associated costs.
10. THIRD PARTY SITES
10. ONLINE COMMUNITY CODE OF CONDUCT
beyourself boutique may offer community features on its web sites via a wide array of media, such as internal messaging systems, video message systems, forums, chat rooms, or other public bulletin boards. beyourself boutique reserves the right, under its sole discretion, but is not entitled to, monitor, filter, censor, modify, remove, delete, edit or otherwise regulate information, data, and content provided by third parties on this web site and other beyourself boutique web sites, including information provided in community areas. User Content posted or uploaded by users or third parties is not endorsed or verified for accuracy or reliability by beyourself boutique. You agree to hold beyourself boutique harmless from any liability associated with any User Content posted by other users and other third parties. You agree that neither beyourself boutique nor its officers, directors, employees, agents, licensors or licensees are responsible for any User Content.
a. You will not use this web site to participate in any illegal purpose or activity whatsoever, to damage any person or property, or to violate the rights of any party, person, entity or business.
b. Except as explicitly and specifically authorized on certain beyourself boutique web sites and in designated sections or areas of beyourself boutique web sites, you will not upload, email, transfer, or otherwise post User Content anywhere on the site:
i. that has a commercial purpose or nature of, including, but not limited to, offers to sell products or services, or attempts to solicit funds or to advertise or promote in any way products, brands, or services
ii. that contains or constitutes affiliate or other marketing, spam posts or emails, chain letters, Ponzi or pyramid schemes, unsolicited commercial advertisement, behavioral or viral marketing, link referral code, scripts, or phishing messages;
iii. to other users who have not indicated in writing that it is ok to contact them about advertisements, other commercial services or interests, promotions, or products.
iv. that includes links to commercial services or web sites, or not authorized Third Party sites, companies, entities, or persons.
c. You will not create any user names, handles, screen names, post or upload User Content, use any email address, or otherwise transfer data that attempts to impersonate or mimic any person or entity, including, but not limited to, a beyourself boutique employee, or falsely states, forges, or otherwise misrepresents your affiliation with a person, company, or other entity.
d. You will not post or upload User Content that:
i. includes any personal or identifying information about another person without that person's explicit written consent.
ii. is false, mis-informative, misleading, constitutes "bait and switch”, or is otherwise deceitful
iii. promotes or advertises any illegal activity, product, or service, or the sale, activity, or service of which is prohibited or restricted by any applicable law
e. You will not impose an unreasonable or disproportionately large amount of data or information on our web site host, network, or servers by posting the same or similar User Content multiple times either in the same or multiple areas or sites.
f. You will not use automated means, including spiders, robots, crawlers, scrapers, data mining tools, or the like to:
g. download or upload or otherwise transfer any kind of User Content to or from any beyourself boutique web site; or
h. use any type of service to submit postings or User Content on any beyourself boutique web site without each individual posting being manually entered by the original author, including, but not limited to, the use of any automated posting device or any type of automated or manual service or outsourced service to submit bulk or repetitive postings, or for any regularly scheduled postings.
beyourself boutique reserves the right to regulate access, expand, modify, or edit these rules in any specific community area on agreement with such rules, as well as to specified eligibility criteria. beyourself boutique reserves the right, in its sole discretion, and without any obligation, to delete, modify, or edit any postings which violate its community code of conduct, to regulate or deny access to its web site or services to any person suspected of violating these rules, and to pursue legal action against violators to the fullest extent of the law. beyourself boutique will assist any investigations of illegal activity or violations of these TOS by law-enforcement officials.
12. WARRANTY LIMITATIONS
We recommend you read and understand your local laws regarding the exclusion of implied warranties.
This web site and the information, content, data, products and services is provided by beyourself boutique "as is", and "as available", without any kind of warranty, expressed, implied or statutory. beyourself boutique disclaims any implied warranties of fitness for a particular purpose, non-infringement, and merchantability.
13. LIABILITY LIMITATIONS
We recommend you read and understand your local laws regarding the exclusion of implied warranties.
beyourself boutique does not warrant or guarantee that the content, products, services, functions, or materials at or contained within the site will be available, readily or ever available, uninterrupted, error-free, that any errors or defects will be corrected, that this site or the network, host, or server that enables the site are free of any harmful components or viruses, that all products and services listed, sold or advertised are available, that the item listings will reliably or accurately depict the item sold, or that all transactions will be completed. Neither beyourself boutique nor any of its officers, directors, staff, employees, representatives, agents, licensors or licensees warrant or make any representations at any time that the content, materials, data, or information hosted anywhere at this site are accurate, correct, complete, and/or reliable.
In any event, regardless if we have been advised of the possibility of damages, neither beyourself boutique nor anyone who participated or assisted to develop, create, produce, display, transmit, transfer, or otherwise deliver the content, material, data, and information used and provided in this site shall be liable for any type of damage whether lost profits or any special, punitive, treble, enhanced, incidental or consequential arising out of, exacerbated, or in connection with, use or visiting of this site, links to or from this site, information posted on our site, our services, any products or services you purchase, or this agreement. In no event shall our liability to you or any third parties in any circumstances for any and all losses, whether monetary or otherwise, whether in contract, breach of contract, or otherwise, exceed the monetary amount you paid, if any, for accessing this site.
beyourself boutique does not guarantee or warrant any accuracy or quality whatsoever, and makes no representations regarding the use or results of use of any Content on this site in terms of its accuracy, reliability or any other matter, quality or otherwise. You assume the risk of their use and the entire cost of all necessary loss, servicing, repair or correction as a result of their use.
You agree to waive any and all claims, and to indemnify, and hold harmless from any demands, attorney’s fees, damages of any kind, whether known, not yet discovered, disclosed, not disclosed, arising out of, or in any way connected with the use of any information, data, User Content, or otherwise content, or in any way related to a transaction performed, conducted, or otherwise engaged on this site, or made by any third party due to or arising out of your use of this web site, against beyourself boutique and its officers, directors, staff, affiliates, employees, representatives, agents, licensors and licensees with respect to:
b. the safety, quality, or otherwise use of any goods or services purchased or sold on, via, or through this site, or the accuracy of any representation of any items, goods, or services; or
16. TERMINATION OF SERVICE
beyourself boutique, at our sole discretion, without any notice to you at any time, may eliminate, terminate, or otherwise regulate any Content or service posted on or made available through any of our web sites.
beyourself boutique reserves the right, in its sole discretion, without issuing or offering any other remedy, to immediately, temporarily, or permanently issue you a warning, suspend, limit, regulate, or terminate your participation in the site or any area of the site, and to refuse to provide any of our services to you if:
b. if we are unable to verify or authenticate, by any of our verification and authentication methods, any billing information you provide to us
c. we believe or have any type or form of indication that your actions may cause any type of damage, harm or legal liability to anyone including, but not limited to, you, or to any vendor, Third Party, business partner, promotional partner, advertiser, affiliate, other user, the general public, or us.
Unless explicitly stated otherwise in the site, and with the exception of copyright infringement in Section 5 ofthese Terms of Service, you must provide all notices or complaints to beyourself boutique via e-mail to email@example.com or mail at beyourself boutique, 1501 Pine Lake Road, Lincoln, NE 68512. All notices from beyourself boutique to you will be delivered to the e-mail address you provide to us. Notice shall be deemed given forty-eight (48) hours after the e-mail is sent, unless we are notified that the e-mail address is invalid. beyourself boutique reserves the right to send you notice by mail via overnight carrier (with tracking), postage prepaid, to the address you provided to us during any ordering or registration process. In such event, notice shall be deemed given fourteen (14) days after the date of mailing.
beyourself boutique is not liable for any mis-delivered packages, even with tracking, or for any lost emails due to any email filters, such as spam, or any other type of filter.
Notwithstanding the following sentences of this Section 18, Arbitration, beyourself boutique may seek injunctive or other equitable relief in any United States federal or state court having jurisdiction in the event of your violation of these TOU and/or your infringement of beyourself boutique’s or any other person, entity, or parties intellectual property rights.
e. You acknowledge and agree that beyourself boutique, in providing this site, products, and services, is not acting for you, or on behalf of you, or any vendor, or any person, business or promotional partner, or advertiser, or any Third Party, or any otherwise entity. You and our vendors, Third Party partners or affiliates, agents, business or promotional partners, advertisers and any other entity are independent contractors.
h. Any dispute arising out of or relating to your use of this web site and your use of this web site will be governed by the laws of the State of Nebraska, irrespective of its conflicts of provisions of law.