Welcome to BFB Boutique Fashion Brokers Web site located at www.bfbonline.com. We’re happy to have you visit us here at the Site, and while you’re here, we want your experience to be fun and enjoyable. The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use this Site and must exit immediately. IF YOU ARE UNDER THE AGE OF 18 YOU MUST OBTAIN A PARENT OR GUARDIAN’S CONSENT TO THESE TERMS IN ORDER TO USE THE SITE.
The Site may, from time to time, allow you to register in order to access certain content, services, products or benefits, including entering contests and sweepstakes and setting up an email alert (a “Member”). As part of such registration process, you must click to agree to these Terms, and may be required to provide BFB with certain information about yourself including some types of personally identifying information such as your name and email address. You are fully responsible for your account, including use of the account by any third party and maintaining the confidentiality of your password. You may terminate your account at any time by contacting us at email@example.com.
As between you and BFB, BFB owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected pursuant to United States copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between you and BFB, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to BFB or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site or Site Materials, other than the right to use the Site in accordance with these Terms.
You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws or encourages or advocates illegal activity (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with BFB; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other user of the Site who has requested not to be contacted; (e) stalking or harassing anyone;(f) is commercial, business-related or advertises or offers to sell any products or services on the Site without BFB’s permission; (g) imposing an unreasonable or excessively great amount of User Content (as defined below) on the Site; or (h) attempting to gain unauthorized access to BFB’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site. You further agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Site Material or otherwise use the Site Material in any way for any purpose without prior written approval from BFB. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to BFB and that in the event of such unauthorized use, BFB shall be entitled to an injunction in addition to any other remedies available at law or in equity.
The Site may, from time to time, allow you to contribute content, information, text, files, graphics, artwork,
photographs, personal listings, messages, reviews, notes, postings, and other materials and information for access,
use, and commentary by BFB and other users to the Site (“User Content”). Failure to comply with these Terms may result in immediate
removal of any User Content. By posting User Content, you represent that you have the full legal right to provide the User Content
and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights
of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure
to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance,
or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person
or entity or falsely state or otherwise imply an affiliation with a person or entity or is generally false, deceptive, misleading, deceitful,
misinformative or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard;
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally
interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate
or enable such or that are intended to do any of the foregoing; (h) constitute misappropriation of any trade secret
or know-how; or (i) constitute disclosure of any confidential information owned by any third party.
Upon your submission of User Content or any other material or information to BFB, you grant BFB a worldwide, perpetual, non-terminable, non-exclusive, irrevocable, transferable, royalty-free license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. BFB may refuse to post or remove User Content from the Site that violates any of the warranties provided in the preceding paragraph or for any reason. BFB shall not be responsible for changes, modifications, or removal of any User Content that you submit to the Site. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 11 of these Terms.
Do not send BFB any original creative ideas, suggestions, content or materials intending or requesting that we review or evaluate them for use by us or any other party. BFB has no obligation or responsibility whatsoever for unsolicited submissions and if you send BFB for any of those purposes (including, without limitation, any User Content) it will automatically become BFB’s property, without any obligation of confidence or restrictions on our use or disclosure. BFB will then exclusively own all rights in unsolicited submissions, including derivative works, worldwide, and BFB is entitled to unrestricted use for any purpose, without attribution, compensation or otherwise to you or anyone else.
The Site is available for informational purposes only. As set forth in Section 2 and Section 4, parties other than BFB may provide products, services or content on the Site. Additionally, the Site contains links to other Internet websites for the convenience of users in locating information, products, or services that may be of interest. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. BFB does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions and privacy policies of such other websites. BFB does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
Any personal information that you provide to BFB on the Site is subject to our Privacy Statement. For more information, click here to view the Privacy Statement, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to BFB via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. Alternatively, you may contact BFB by regular mail at firstname.lastname@example.org, or by phone at (Coming Soon).
All content on the Site, including the Site Material and User Content, are intended for educational and entertainment purposes only.
BFB, its subsidiaries, affiliates and licensors are not responsible for and do not guarantee the accuracy or completeness of any Site Material,
User Content, links, advertisements or other items contained within the Site. BFB reserves the right to immediately remove any Site Material
or User Content for any reason or for no reason. BFB cannot and does not review all communications made on or through the Site, but,
although not obligated to, may, at any time, with or without notice and in its sole discretion, review, verify, make changes to
or remove any User Content, Site Material, the Site or the products or services made available in connection with the Site,
including the registration information or profile information of a Member, or information posted to any blog, messaging
or ratings features which may be on the Site. You agree that you must evaluate and bear all risks associated with
the use of Site Material or User Content and that you may not rely on such Site Material or User Content.
THE SITE, THE SITE MATERIALS AND USER CONTENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
BFB AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
BFB AND ITS AFFILIATES, SUBSIDIARIES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST ANTICIPATED REVENUES OR LOST ANTICIPATED PROFITS, WHICH MAY OR DORESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR BFB HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BFB AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF BFB AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel BFB has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
You shall indemnify BFB and its members, managers, directors, officers, employees, agents, supplier, contractors and licensors (“BFB Indemnitees”)
against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site
or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content,
the Site Materials, the services, products, information and other materials on, in and made available through the Site,
(except to the extent attributable to BFB), or any breach by you of these Terms, and shall indemnify
and hold BFB Indemnitees harmless from and against all judBFBnts, losses, liabilities, damages, costs,
and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred
in connection with such Claims. You may not settle any Claim without the prior written consent of BFB.
BFB or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If BFB or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to BFB, subject to the right of BFB to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
BFB uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. BFB will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to BFB via the Site or the Internet, including, for example, personal information such as your name or address.
If you are a copyright owner or an agent thereof and believe that any User Content or other Site Materials infringes upon your copyrights,
you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent
with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Your contact information, including your e-mail address;;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is: Jonathan Moquin email@example.com
If you believe that any content or postings on this Site violates any other intellectual property (e.g., trademark) or other rights (e.g., publicity) you may have, please send to BFB at firstname.lastname@example.org a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
BFB reserves the right at any time to modify, alter or update these Terms and the date of the most recent version will appear on this page. Although BFB will post a notice of any such changes, it is your responsibility to regularly check the Site to determine if there have been any changes to these Terms and to review such changes. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. BFB reserves the right to terminate your access to this Site with or without notice in the event that you violate these Terms, for any reason whatsoever or for no reason.
These Terms represent the entire agreement between you and BFB with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of Quebec, Canada without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of Quebec, Canada (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
The Site is controlled and operated from within the United States. Without limiting anything else, BFB makes no representation that the Site, Site Materials,
User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations,
and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their
own volition and are responsible for compliance with applicable laws. The waiver or failure of BFB to exercise in any respect any right provided
hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms.
Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party
to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein,
the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
Dated: February 1st, 2012
Copyright © 2012 BFB Boutique Fashion Brokers; All rights reserved.