Terms and Conditions

Please read these terms of use carefully before using this site. By using this site, you agree to these terms of use. If you do not agree to these terms of use, please do not use this site. These terms of use govern both your general use of the site and, when applicable, your use of the site to make purchases of Breathless Brilliance products.

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.

VIRUSES

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.

MODIFICATIONS TO THESE TERMS OF USE

Breathless Brilliance may, in its sole discretion, modify the terms of these Terms of Use, in whole or in part, at any time. At the time of any change to the terms of use Breathless Brilliance will post a notice on the home page. By you continuing to use the site you agree to the acceptance of the modified terms of use.

INDEMNITY

You agree to defend, indemnify and hold harmless Breathless Brilliance, its subsidiaries, affiliates, officers, directors, employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorney’s fees), made by any third party arising out of or relating to your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another.

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.

TERMINATION

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:
(a) You breach or violate these Terms of Use; and
(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.

TRADEMARKS

MISCELLANEOUS TERMS

(1) Governing Law

By accessing the Site, you agree that the laws of the State of New York, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Breathless Brilliance or its affiliates. In addition, you agree to submit to the jurisdiction of the courts of the State of New York, and that any action pursued concerning these Terms of Service or your use of the Site shall be within the exclusive jurisdiction of the courts of the State of New York.

(2) Construction

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

(3) No Waiver

The failure by either you or Breathless Brilliance to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision or any other provision of these Terms of Use.

(4) Survival

All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.

(5) Headings

The headings hereof are descriptive only and not to be construed in interpreting the provisions of these Terms of Use.

These Terms of Use were last updated on 01.06.2021

Please direct questions regarding these Terms of Use to info@breathlessbrilliance.com

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