SUSPENSION OR TERMINATION OF YOUR USE
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Brown Girls Love other remedies under applicable laws. Brown Girls Love further reserves the right to terminate, without notice, any user’s access to or use of the Site or Services for any reason.
Brown Girls Love reserves the right without notice, at any time and for any reason, to terminate, temporarily or permanently, the Site or any portion thereof or any products or Services offered through the Site.
OWNERSHIP OF THE SITE AND SITE INFORMATION
The Site is expressly owned and operated by Brown Girls Love. Unless otherwise noted, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the “Site Information”), are owned by Brown Girls Love or its affiliates or are licensed from third parties by Brown Girls Love. The Site and the Site Information, as a whole and in part, is protected by US, Canadian and international copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights and laws. All other applicable rights are reserved.
USE OF THE SERVICE BY YOU
Use of the Site, Services or Site Information for any purpose not expressly permitted in this Agreement is prohibited. You may view and use the Site Information only for your own information purposes and for shopping and ordering on the Site. Brown Girls Love authorizes you to print and download a single copy of the Site Information solely for your own lawful, personal, non-commercial use if you retain all copyright and proprietary rights notices contained in the Site Information and the citation of the URL Source of such Site Information. Except as set forth in this Agreement, the Site does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use of the Site and the Services is personal to you — you may not authorize others to use the Site and the Services, and you are responsible for all use of the Site and the Services by you and by those you allow to use, or provide access to, the Site and the Services. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
NON-COMMERCIAL USE ONLY
The Site is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site Information or the Site for any purpose without written consent of or agreement with Brown Girls Love. You agree not to make use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Brown Girls Love. Illegal and/or unauthorized uses of the Site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
Brown Girls Love reserves the right, at its sole discretion to prohibit sales to dealers and resellers. Brown Girls Love also reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied.
ELIGIBILITY TO USE THE SITE AND THE SERVICES
The Site and the Services are not intended for users under the age of majority in your jurisdiction of residence. To register for any Services offered on the Site, you must be the age of majority in your jurisdiction of residence. If you are under the age of majority in your jurisdiction of residence, you may only use the Site in conjunction with your parents or guardians. Brown Girls Love does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use the Site. If a child under 13 submits information through any part of the Site, and Brown Girls Love becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
You will need to provide us with certain information, including your name, address, phone number and email address, to open an account and make a purchase with us. In consideration of your use of the Site and the Services provided, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Site may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
If necessary, we will assist you in creating a user id and a password. You are responsible for maintaining the security of your log-in information and password, and for any and all activity that occurs on the Site under such password or user id. You agree to immediately notify Brown Girls Love of any unauthorized use of your password or user id or any other breach of security.
SHOPPING CART ORDERS
When you request to purchase items in your shopping cart, we will forward your request and certain account information to the applicable e-commerce service provider for processing. The sales transaction will occur and be consummated on the service provider’s Site and not on the Site.
You may pay for your purchase using one of the following credit cards: American Express, MasterCard or Visa. You authorize Brown Girls Love to charge the applicable card the amount of the invoice. You represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be processed and Brown Girls Love will have no obligation to fulfill your order.
All billing and order information provided by you to Brown Girls Love must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement.
Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account (or, if you are a guest, to the email address you provide to us when you place your order). Such e-mail is a confirmation that your order has been received.
AVAILABILITY & DESCRIPTIONS
The purchase of products on the Site is subject to availability. In the event that the product you request is not available at the time of your order, Brown Girls Love will have no obligation to fulfill your order and you will have no obligation to pay Brown Girls Love for the order.
Although we strive to update and keep accurate as much as possible the Site Information contained on the Site, errors (including out-of-date information), omissions and/or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information, Brown Girls Love shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will notify you of such cancellation. The Site may change, delete or update any Site Information at any time and without prior notice.
PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.
CONTENT SUPPLIED BY YOU
Brown Girls Love may make certain Services available to registered users and facilitate such users’ ability to post content, including information, text, images, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials (“Content”) to the Site, subject to the restrictions set forth in this Agreement. If you post any Content to any portion of the Site, you agree not to post any unacceptable Content (“Unacceptable Content”). Unacceptable Content includes, but is not limited to, Content that:
- Concerns a use for which a product is not intended;
- Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts;
- Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person;
- Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy, or the rights of any third party;
- Offers or disseminates any fraudulent goods, services, schemes or promotions, including any “make money fast” schemes or pyramid schemes;
- Is libelous, defamatory, or knowingly false or misrepresents another person;
- Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party, or is posted without the express permission of the owner(s) of such rights;
- Includes any material that is encrypted or that involves the transmission of “junk mail,” unsolicited mass mailing or spamming, or unauthorized advertising;
- Is harmful to Brown Girls Love or any other party’s systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information;
- Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party; and
- Consists of any other Content that Brown Girls Love in its sole discretion deems to be Unacceptable Content.
By posting Content or engaging in any other form of communication through the Site, you grant Brown Girls Love, and represent and warrant that you have the right to so grant, a royalty-free, perpetual, irrevocable, non-exclusive, transferable, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit, translate, publish, create derivative works of, sell, sublicense, distribute, incorporate into other works, and otherwise exploit such Content or communication, in whole or in part, alone or with other materials, and to sell, grant and authorize sublicenses of the foregoing, in any form, medium or technology now known or hereafter created or devised, throughout the world, for any purpose, including without limitation commercial, advertising and promotional activities, without compensation to you.