Acceptance of Terms
You agree to and are bound by the terms and conditions set forth below
and in any modified or additional terms that Bella Embroidery, Inc. ("Bella
Embroidery") may publish from time to time (collectively, the "Terms
of Use"). If you do not agree to all of the terms and conditions
contained in the Terms of Use, do not access or use this Site.
Bella Embroidery may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of Bella Embroidery.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between
Customer and Bella Embroidery Customer accepts these
terms and conditions of sale by making a purchase, placing an order or
otherwise shopping on Embroidery. These terms and conditions of sale are
subject to change without prior notice, except that the terms and conditions of
sale posted on the Site at the time The customer initially places or modifies
an order will govern the order in question.
Customer consents to receiving electronic records, which may be provided via a
Web browser or e-mail application connected to the Internet.
Information You Provide
Bella Embroidery (or third parties acting on
its behalf) may collect information related to your use of the Site.
Third-party platforms through which you access the Site may collect information
related to your use of such third-party platform and make such information
available to Bella Embroidery subject to your agreement with the applicable
third-party platform. Bella’s collection and use of all such information shall
at all times conform to this Terms of Use, the Bella Embroidery Privacy Policy,
and applicable law.
Bella Embroidery will use and protect your personal information, such as your name and address, in accordance with the Bella Embroidery Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.
Limitations
You agree that you shall not:
Engage in any conduct that shall constitute a violation of any law or
that infringes the rights of BellaEmbroidery or any third party. Violate
any applicable laws or regulations related to the access to or use of the Site,
or engage in any activity prohibited by these Terms of Use. Violate the rights
of Bella Embroidery or any third party (including rights of privacy and
publicity) or abuse, defame, harass, stalk or threaten another.
Restriction and Termination of Use
Bella Embroidery may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Bella Embroidery Content at any time in Bella Embroidery's discretion, without prior notice or liability to you. Any conduct by you that, in Bella Embroidery’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
Links to Third-Party Sites
In the event that the Site is available through any third-party platform, or if Bella Embroidery provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Bella Embroidery makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Bella Embroidery, and Bella Embroidery provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Bella Embroidery.
Miscellaneous
Any controversy or claim to arise out of or relating to this Agreement,
or the breach thereof, shall be settled by binding arbitration administered
under the Commercial Arbitration Rules of the American Arbitration Association
or of the International Centre for Dispute Resolution in effect on the date of
the commencement of arbitration, rather than in court, and judgment on the
award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof or having jurisdiction over the relevant party or its
assets. The place of arbitration shall be the state and county of New York. The
language of the arbitration shall be English. There shall be one arbitrator.
Each party shall bear its own costs in the arbitration. Bella Embroidery shall also have the right
to commence and prosecute any legal or equitable action or proceeding before
any court of competent jurisdiction to obtain injunctive or other relief
against you in the event that, in the opinion of Bella Embroidery, such action
is necessary or desirable.
These Terms of Use are governed by and shall be construed in accordance
with the laws of the State of New York, without respect to its conflict of laws
principles. In the event of any conflict between these Terms of Use and any
license agreement you enter with Bella Embroidery, the terms of such license
agreement shall control.
These Terms of Use shall be construed neither against nor in favor of
any party, but rather in accordance with the fair meaning of the language
hereof. The invalidity or the unenforceability of any part of these Terms of
Use shall not affect the validity or enforceability of the balance hereof.
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