Terms and Conditions
Restrictions on Use
- You shall use the site for lawful purposes only. You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Breathless Brilliance express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other online information services competitive with the site. Any conduct by you that in Breathless Brilliance discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
- The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not copy, redistribute, re-transmit, publication or commercial exploitation of downloaded material without the express written permission of Breathless Brilliance and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
- You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the site, you automatically grant, or warrant that the owner of such material has expressly granted Breathless Brilliance the royalty-free, worldwide, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user's use. You grant Breathless Brilliance the right to edit, copy, display, publish and distribute any material made available on the site by you.
- The foregoing provisions of are for the benefit of Breathless Brilliance, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
PURCHASING TERMS AND CONDITIONS:
- You acknowledge that although Breathless Brilliance has attempted to accurately depict the colors of the Breathless Brilliance products offered on the Site, the color displayed is dependent on many different factors including the display of your computer monitor. As such, you further acknowledge that Breathless Brilliance is not responsible for any inaccuracies or color variations in the products you purchase from the Site. Moreover, the products may be depicted larger or smaller than their actual size depending on your monitor and/or computer settings. Pictures may also be enlarged to show details.
- In the event of an error in pricing on the Site, Breathless Brilliance reserves the right to correct such error, and in Breathless Brilliance sole discretion, to refuse or cancel any order placed for a product at an incorrect price or in the event of the item being out of stock. All prices listed on this site are in U.S. dollars.
Breathless Brilliance also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the site.
THIRD PARTY LINKS
The Site may contain links to third party web sites or resources. Breathless Brilliance makes no representation or warranties concerning such third party web sites or resources and is not responsible for the content or operation of such third party web sites or resources, and shall have no liability in connection with them.
WARNING AGAINST HACKERS
It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials to or from the Site and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Site, you assume the risk of such occurrences.
You agree that Breathless Brilliance may, under certain circumstances and without prior notice, immediately terminate your right to use or make purchases through the Site in the event that:
(b) Breathless Brilliance, in its sole discretion, decides to discontinue access to the Site;
You agree that all terminations shall be made in Breathless Brilliance sole discretion and that Breathless Brilliance shall not be liable to you or any third-party for any termination of your account or access to the Site.
The Breathless Brilliance logo is a trademark of Breathless Brilliance LLC .All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
(1) Governing Law
(3) No Waiver