The following terms and conditions govern all use of the bjdivas.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by BJDivas (“BJDivas”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, BJDivas’ Privacy Policy and Ordering Policy) and procedures that may be published from time to time on this Site by BJDivas (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by BJDivas, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- Your bjdivas.com Account and Site.
You are responsible for maintaining the security of your account and are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify BJDivas of any unauthorized uses of your account or any other breaches of security. BJDivas will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. - Without limiting any representations or warranties, BJDivas has the right (though not the obligation) to, at BJDivas’ sole discretion (i) refuse or remove any content that, in BJDivas’ reasonable opinion, violates any BJDivas policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, at BJDivas’ sole discretion. BJDivas will have no obligation to provide a refund of any amounts previously paid.
- Payment. General Terms.
By selecting a product or service, you agree to pay BJDivas the one-time and/or monthly payments indicated (additional payment terms may be included in other communications). Payments are not refundable. - Purchases.
All products and/or services other than those provided as “In Stock”, are agreements with and to BJDivas acting as an intermediary between the purchaser and the production artist/company. BJDivas sole responsibility is to act on behalf of their partner artists/companies to provide simplified ordering, access to (potential) discounts, and facilitation of problem resolution. Once your order has been placed, you (the purchaser) are responsible for completing the purchase and paying all charges to the appropriate client artist/company. As BJDivas must pay for the goods and services to the artist/company upon receipt from the purchaser, BJDivas can only provide refunds if and when the client companies agree to send the money that has been sent by BJDivas on your behalf back to BJDivas. Any and all attempts to recover said expenses incurred by the Purchaser are the responsibility of the Purchaser, though BJDivas will act in best faith to resolve such issues. we are not and cannot be held as the recipient of the monies sent through us to the artist/company. - Services. Fees; Payment.
By signing up for an account and placing an order, you agree to pay BJDivas the applicable fees. - Support.
If your status includes access to priority email support, then “Priority” means that support takes precedence over support for users of the BJDivas non-priority customer support. “Priority email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by BJDivas to respond within one business day) indcluding inquiring about the status of your order (even if no updates have occurred). All other support will be provided in accordance with BJDivas standard services practices, procedures and policies. The standard support process means that you should not contact customer support for updates multiple times without waiting for resolution of the initial inquiry. - Responsibility of Website Visitors.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is inappropriate for children or which you personally find objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or which provides for the downloading, copying or use of said materials. Such content is subject to additional terms and conditions, stated or unstated. BJDivas disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. - Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which bjdivas.com links, and that link to bjdivas.com. BJDivas does not have any control over those non-BJDivas websites and webpages, and is not responsible for their contents or their use. By linking to a non-BJDivas website or webpage, BJDivas does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BJDivas disclaims any responsibility for any harm resulting from your use of non-BJDivas websites and webpages. - Copyright Infringement and DMCA Policy.
As BJDivas asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by bjdivas.com violates your copyright, you are encouraged to notify BJDivas in accordance with BJDivas’ Digital Millennium Copyright Act (“DMCA”) Policy. BJDivas will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. BJDivas will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of BJDivas or others. In the case of such termination, BJDivas will have no obligation to provide a refund of any amounts previously paid to BJDivas. - Intellectual Property.
This Agreement does not transfer from BJDivas to you any BJDivas or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BJDivas. BJDivas, bjdivas.com, the bjdivas.com logo, and all other trademarks, service marks, graphics and logos used in connection with bjdivas.com, or the Website are trademarks or registered trademarks of BJDivas or BJDivas’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any BJDivas or third-party trademarks. - Advertisements.
BJDivas reserves the right to display advertisements. - Partner Products.
By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product. - Domain Names.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities. - Changes.
BJDivas reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. BJDivas may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. - Termination.
BJDivas may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your bjdivas.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by BJDivas if you materially breach this Agreement and fail to cure such breach within thirty (30) days from BJDivas’ notice to you thereof; provided that, BJDivas can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. - Disclaimer of Warranties.
The Website is provided “as is”. BJDivas and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BJDivas nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. - Limitation of Liability.
In no event will BJDivas, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BJDivas under this agreement during the twelve (12) month period prior to the cause of action. BJDivas shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. - General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the BJDivas Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. - Indemnification.
You agree to indemnify and hold harmless BJDivas, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement. - Miscellaneous.
This Agreement constitutes the entire agreement between BJDivas and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BJDivas, or by the posting by BJDivas of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the WIsconsin, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Milwaukee County, Wisconsin. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Milwaukee County, Wisconsin, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BJDivas may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.