Terms and Conditions | Belle Quaint
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TERMS AND CONDITIONS

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This website ("Site") is owned by Belle Quaint LLC ("BELLE QUAINT LLC"), and your access to and use of the Site is subject to the terms set forth herein (the "Terms"). Belle Quaint may revise these Terms at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the most current version of these Terms. By accessing and browsing the Site, you signify your acceptance of the most current version of these Terms. If you do not agree to these Terms, you should not use the Site. Please check the Uniform Resource Locator ("URL") that appears in your web browser to see if you are still at the site operated by Belle Quaint or have moved to another site. Please also refer to the Belle Quaint Online Privacy Policy page for more information.

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INTELLECTUAL PROPERTY
Content on this Site, including artwork, graphics, photographs, images, screenshots, text, music, digitally downloadable files, video clips, trademarks (including the Belle Quaint brand), logos, product names, slogans, and any compilations of the foregoing is the property of Belle Quaint or its licensors ("Site Content") and is protected by the United States and international copyright, trademark, or other laws. You agree not to copy, distribute, transmit or modify the Site Content, whether in electronic or hard copy form, without the express prior written permission of Belle Quaint.

Any unauthorized use of the Site Content may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the Sites you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Sites. You agree not to display or use any Content or third party content located on the Sites in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Belle Quaint and/or its licensors, that dilutes the strength of Belle Quaint or its licensor’s property, or that otherwise infringes Belle Quaint or its licensor’s intellectual property rights.

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NO WARRANTY/LIMITATION OF LIABILITY
Any materials that you may purchase from this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Belle Quaint Company disclaims all warranties, whether express or implied, with respect to such materials, including without limitation the implied warranties of merchantability and fitness for any particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Neither Belle Quaint nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

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ARBITRATION CLAUSE

All disputes arising from this agreement will be settled between Belle Quaint and the petitioner. If no resolution is found within 60 days, then you agree that any dispute related to this agreement, will not be settled by a judge and jury but rather by a single arbitrator under the American Arbitration Association (AAA).

 

PURCHASES ON THIS SITE
Some areas of our Site may allow you to purchase products. These areas may be operated on our behalf by third parties, and additional terms and conditions may apply to your purchase of our product. Please also note that quantities of merchandise available for sale from this site are limited, so the merchandise may become sold out. If this shall occur, Belle Quaint will promptly refund any payment, which it may have received for merchandise that it is unable to deliver on a timely basis, or shall otherwise comply with the terms applicable to any purchase you make on our Site.

 

LINKS TO THIRD-PARTY WEBSITES
We may provide hyperlinks to third-party websites as a convenience to users of the Site. We do not control such third-party websites and are not responsible for the contents of their websites. We do not endorse, recommend or approve any third-party website hyperlinked from the Site. You understand and agree that we will have no liability to any entity for the content or use of the content available through such hyperlink.

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FEEDBACK AND IDEAS
From time to time, Belle Quaint may ask that you transmit to the Site by electronic mail your feedback on Belle Quaint products and/or services. Any communication or material you transmit or post will be treated as non-confidential and non-proprietary and will become the property of Belle Quaint and Belle Quaint shall exclusively now and hereinafter own all rights, title, and interest therein, and as such, shall be used without restriction by Belle Quaint or its licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting whole or in part, in any medium and in any manner on this Site or otherwise. You understand and agree that Belle Quaint shall be under no obligation to respond to any such communication you may send to Belle Quaint.

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Notwithstanding the foregoing, Belle Quaint maintains a long-standing policy of not accepting or considering any creative ideas, suggestions, or materials from the public (“Idea Submissions”), and therefore, you should not make any Idea Submissions to Belle Quaint in any communications through this Site or otherwise. Nonetheless, if you do send us an Idea Submission, despite our request not to do so, then such Idea Submission shall immediately become the property of Belle Quaint and Belle Quaint shall exclusively now and hereinafter own all rights, title, and interest therein. Furthermore, Belle Quaint shall be free to use any Idea Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. Belle Quaint shall not be liable for such use or disclosure of such Idea Submission or for any similarities in the Idea Submission and any future Belle Quaint uses or activities.

 

INTERACTIVE FEATURES
From time to time, Belle Quaint may offer on the Site interactive features that allow you to provide us with content, which content may be viewable by yourself and third parties, and Belle Quaint may allow you additional opportunities to interact with third parties. On any such areas that we offer on the Site, you agree that you will not (a) share or transfer your account with any other party, temporarily or permanently (and you understand that you bear sole responsibility for all use of your account and for the confidentiality of your password); (b) upload, provide or post anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing (including infringing on the third party intellectual property rights of others) pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate; (c) include any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (d) impersonate any person or organization, including without limitation, the personnel of Belle Quaint, nor misrepresent an affiliation with another person or organization; (e) include any content that contains business solicitation of any type, including advertising a product or service, offering a product ore service for sale, or directing readers to a location for more information about a product or service; or (f) include, upload or post any software, files or links to other sites, viruses, corrupted files, or any other similar software or programs that may adversely affect or undermine the operation of Belle Quaint system or a third party’s computer.

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Belle Quaint may terminate your account or your access to the Site if we believe, using our sole discretion, that you have violated these Terms or any law. We reserve the right to monitor any and all messages, postings, or other content sent to the Site, and reserve the right to remove or to refuse to post anything that we in our sole discretion view to be in violation of these Terms, the law, or are otherwise inappropriate. Belle Quaint does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Site.

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By using this Site, you understand and acknowledge that messages and postings are the sole responsibility of the author and that Belle Quaint is not responsible for the message, or information, data, text, or other materials in any message that may appear in a chat room, message board, or other interactive feature (“User-Submitted Content”). Opinions expressed in User Submitted Content do not necessarily reflect the opinions of Belle Quaint. If you believe that someone has posted User Submitted Content in violation of these Terms, please email contact@bellequaint.com. Belle Quaint may, but typically will not acknowledge receipt of your complaint. You agree that Belle Quaint cannot and will not act as an arbiter of disputes arising from third-party communications or transmission to the Site. For more information on submitting complaints, please email contact@bellequaint.com.

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RATINGS & REVIEWS
These Terms & Conditions of Use ("Terms") govern your conduct associated with the Customer Ratings and Reviews service and related features (collectively, "RR Service(s)") offered by Belle Quaint LLC. To the extent of any conflict between these Terms and the Belle Quaint Privacy Policy, these Terms shall control only with respect to the RR Services.

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By submitting any content to Belle Quaint, you represent and warrant that:

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• You are the sole author and owner of the intellectual property rights thereto;
• You are not an employee or vendor of Belle Quaint
• All "moral rights" that you may have in such content have been voluntarily waived by you;
• All content that you post is accurate;
• You are at least 18 years old, and that use of the content you supply does not violate these Terms and will not cause harm or injury to any person or entity. 

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You further represent and warrant that you shall not submit any content:

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• That is known by you to be false, inaccurate, or misleading;
• That infringes any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
• That violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• That is, or may reasonably be considered to be, defamatory, libelous, harmful, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party;
• That includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
• That contains any computer viruses, worms, or other potentially damaging computer programs or files.

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You agree to indemnify and hold Belle Quaint (and its officers, directors, agents, parent, subsidiaries, affiliates, joint ventures, employees, and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

 

For any content that you submit, you grant Belle Quaint a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

 

All content that you submit may be used at Belle Quaint's sole discretion. Belle Quaint reserves the right to change, condense or delete any content on Belle Quaint website that Belle Quaint deems, in its sole discretion, to violate the Review Guidelines, any other provision of these Terms, Privacy Policy, or the Legal Notices published on BelleQuaint.com. Belle Quaint does not guarantee that you will have any recourse through Belle Quaint to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to seven business days. However, Belle Quaint reserves the right to remove or to refuse to post any submission for any reason, including without limitation, failure to comply with these Terms and/or the Review Guidelines. You acknowledge that you, not Belle Quaint, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Belle Quaint, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.

 

By submitting your email address in connection with any RR Service, you agree that Belle Quaint and its third-party service providers may use your email address to contact you about the status of your review and other administrative purposes.

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CHILDREN
This Site is not intended for, nor does Belle Quaint believe it is appealing to, children under the age of 13. Belle Quaint does not knowingly collect information from children under 13. Parents, to learn more about how to protect your children online, please visit https://www.consumer.ftc.gov/articles/0006a-young-kids.

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CHANGES TO THESE TERMS OF USE
Belle Quaint shall have the right at any time to change the terms of these Terms, or change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms periodically to ensure familiarity with the most current version.

 

NO WAIVER
The failure of Belle Quaint to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities or for any other reason beyond the reasonable control of Belle Quaint, shall not be deemed a breach of these Terms. If Belle Quaint fails to act with respect to your breach or anyone else's breach on any occasion, Belle Quaint is not waiving its right to act with respect to future or similar breaches. If any provision of these terms of use shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

 

HEADINGS
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Site, and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon are void where prohibited.

 

BINDING AGREEMENT

These Terms constitute a binding agreement between you and Belle Quaint and constitute the entire agreement with respect to your use of this Site. By using the Site, you are deemed to have accepted these Terms and to agree to adhere to the provisions herein.

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These Terms & Conditions were last amended on January 2021

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