Welcome, and thank you for your interest in Besotted and our photographic products, photo services and accessories (the “Product” or “Products”), available on our website www.besotted.com (the “Website” or “Site”), owned and operated by Classic Kids LLC, a Delaware Limited Liability Company, doing business as Besotted, and, hereafter collectively referred to in these Terms and Conditions as “Besotted”, “us”, “our” or “we”. Besotted welcomes consumers and professional photographers alike. If you are a professional photographer please contact us at firstname.lastname@example.org for additional information and registration.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR WEBSITE IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- Acceptance of Our Terms
- Besotted may change this Agreement at any time by posting an updated Terms and Conditions on this Website. If any amendment to these Terms is unacceptable to you, you shall cease using our Website. If you continue using our Website, you will be constructively deemed to have accepted the changes.
- In addition, certain areas of the Website and our Service may be subject to additional terms and conditions that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms and conditions applicable to such areas. In the event that any of the additional terms and conditions governing such area conflict with these Terms and Conditions, the additional terms and conditions will control.
- Eligibility for Our Service
- By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 13 years of age but under the age of majority may only use our Services with legal parental or guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms.
- If you are using our Services on behalf of a company or other organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this Agreement.
- Accounts and Registration
- Visitors to our Website can register as either a consumer or as a professional photographer. Once an account is created, a user can upload images to their account/gallery and create photographic products which include, without limitation, photographic archival fiber prints, glass soldered frames or floater framed canvases.
- To make a purchase of our Products using our Website or to access some features of our Service, you will be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address, phone number, date of birth, business name and address, business title or other personal information). Some of this information may be of a confidential nature and may include personal identifying information (all “Your Information”).
- If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity or age. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
- Account Management
- If you have been issued an account by Besotted in connection with a purchase, or your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties to access your account. You, and not Besotted, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Besotted immediately.
- Besotted may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
- We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
- You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
- We reserve the right to refuse to issue an account to anyone, or permit access to the Service to anyone, for any reason at any time.
- Please follow the instructions on the Website to place your orders. Your order constitutes an offer to us to buy the Product(s). We reserve the right at any time to accept or decline any order or partial order, or not to ship to particular addresses. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the Products are no longer available or not currently in our inventory. We reserve the right at any time to limit the quantities ordered. We reserve the right, in our sole judgment, to limit or prohibit orders that appear to be placed by dealers, resellers or distributors. If you wish to be a dealer or distributor of our products, contact us at email@example.com.
- In the event that we make a change to, or cancel an order, we may attempt to notify you by contacting the e‑mail, billing address or phone number provided at the time the order was placed.
- All prices displayed on our Website are in U.S. dollars unless otherwise indicated.
- All applicable taxes and other charges are additional and your responsibility.
- We reserve the right in our sole discretion to change prices at any time and without notice prior to your purchase.
- You expressly authorize Besotted, and our secure third party payment processor to charge the amounts indicated on your purchase order. The terms of your payment method may be determined by agreements between you and the financial institution you have chosen to make payment.
- You agree that we may charge you, and you will pay to Besotted, any fee or penalty that is assessed or charged to us for a “Chargeback” resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.
All orders will be shipped to an address designated by the purchaser as long as that shipping address meets any shipping restrictions contained on our Website. All purchases are subject to the carrier shipment contract. All risk of loss, damage and title for items purchased from Besotted pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- Return Policy
- All of our products are custom made and hand-crafted specifically for you, therefore all sales are final and returns are only accepted if the Products contain a material defect.
- Please inspect your items upon receipt of delivery, if a Product exhibits a material defect you must report it to us within 5 days of receipt. After 5 days, no replacements or adjustments will be made. You can contact us at firstname.lastname@example.org for a claim.
- If a Product you received exhibits a material defect, you will be required to return that Product for our examination. If we agree that the Product does contain a material defect, our only obligation shall be to replace the defective Product.
- Returns must be validated in our system and must include a Return Merchandise Authorization (RMA) number issued by Besotted. No returns will be accepted without an RMA.
Besotted may offer promotional purchase offers from time-to-time, but reserves the right to limit or cancel any promotions, promotion codes or discount coupons at any time without notice.
- Your Access and Use of our Services
- The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
- Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
- Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
- Our Services may now, or in the future, have “publicly accessible areas” that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Besotted shall not, under any circumstances, be liable in any way for any User Content.
- You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
- You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your purchases or use of the Services.
- Intellectual Property Rights
- Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the “Proprietary Marks”), and are owned by Besotted. You may not use the Proprietary Marks without our prior written permission.
- We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
- The information, content, documentation, guides, descriptions, advice, data and any other content viewable on, contained in, or downloadable from our Services (collectively, “Our Content”), including, without limitation, all photographs, images, videos, text, graphics, charts, pictures, audio files, line art, icons and renditions, are copyrighted by Besotted, Classic Kids LLC or otherwise licensed to us, or to Our Content suppliers.
- We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”).
- All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading, listening to, or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content or the Collective Work.
- You are solely responsible for any damages resulting from your infringement of our, or any third-party, intellectual property rights regarding the Trademarks, Copyrights, Our Content, the Collective Work and/or any other harm incurred by us, or our affiliates, as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
- Proprietary Rights
As between Besotted and you, Besotted or our licensors own and reserve all right, title and interest in and to the Website, the Service and all technology and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to, or ownership of, any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Besotted.
- Use of Our Content
- We grant you a limited, revocable, non-exclusive, non-sublicensable license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
- You may not modify Our Content or the Collective Work, or utilize them for any commercial purpose or any other public display, performance, sale or rental; nor may you decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
- Information, Image and Color Accuracy
- We attempt to ensure that information on our Website and in our Service is complete, accurate and current. Despite our best efforts, the information in our Service may occasionally contain historical data, be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information in the Service. Furthermore, information in the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information without notice.
- We have made every effort to display as accurately as possible the colors, sizes and images of our Products, however we cannot guarantee that your computer monitor’s display of any color or product size will accurately represent the true colors or sizes of our Products. Please closely examine any Product dimensions included in our Product description before ordering.
- User Content Rights and Related Responsibilities; Your License to Besotted
- “User Content” means, without limitation, any photographs, images, artwork, digital files, messages, text, reviews, comments, feedback, suggestions, audio, video, hyperlinks and documents, or any other content you upload, transmit or otherwise make available to Besotted via the Service to produce the Products you have ordered, or for any other purpose whatsoever, including display on our Website in either a public or private section of our Site. You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Besotted and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content, or any damages arising from our use of your User Content.
- Before submitting User Content to Besotted for inclusion in a Product, please carefully examine it for poor image quality including low resolution images or artifacts that will produce undesirable print results and text errors including, but not limited to, spelling, grammar, type style and color or omissions. Besotted will not be liable for user errors in ordering or for poor image results due to poor original image quality.
- By transmitting or submitting User Content on, or through the Service, you grant to Besotted a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to translate, interpret, use, re-use, broadcast, stream, download, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, edit, alter, modify, adapt, create derivative works based upon, and to publicly perform such User Content without attribution, and without the requirement of any permission from, or payment to, you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised. You retain all rights in your Content, subject to the rights you granted to us in these Terms.
- Besotted may block, remove or return any User Content at any time in our sole discretion for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
- You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and that we are free to use, and disclose, the Idea on a non-confidential basis or otherwise to anyone without any additional compensation to you.
- You agree not to transmit, submit, upload or post as part of the Service any content that is false, offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, defamatory, racially or ethnically offensive, invasive of privacy or publicity rights, inclusive of hate speech, violates the rights of any party, gives rise to liability, is politically oriented, contains corrupted data or any other harmful, disruptive, or destructive files or would constitute or encourage a criminal offense.
- Offensive or Objectionable Content
- Besotted reserves the right to refuse to print, or include in a Product ordered by you, any User Content that we, in our sole and exclusive judgment, deem to include sexually explicit images, or to be harmful, abusive, defamatory, harassing, threatening, profane, humiliating to others, racially or ethnically offensive, plagiarized, libelous, infringing, invasive of personal privacy, unlawful or otherwise objectionable (“Offensive or Objectionable Content”).
- In the event that we determine that your User Content is, in our judgment, offensive or objectionable, will return the content to you and refund your payment for the Product affected.
- You agree that you will be personally responsible for inclusion of User Content in your Product(s) that may, at any time, be deemed to be Offensive or Objectionable; and you further agree to defend, indemnify and hold harmless Besotted and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with the Offensive or Objectionable Content. Furthermore, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- Third Party Links, Services and Content
- Third Party Social Networking
- Electronic Communications
- Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
- You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Additional charges from your telecommunication carrier may apply.
Violating the security of our Services is prohibited and may result in criminal and civil liability. Besotted may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
- Copyright and Intellectual Property Policy
We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person’s copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person’s intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).
A valid complaint under the DMCA must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work that you claim has been infringed.
- Identification of the material that is claimed to be infringing and where it is located on the Service.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
- 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 law.
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. The above information must be submitted to the Copyright Agent at: email@example.com.
- Limitation of Warranties; Disclaimers
- IF A PRODUCT INCLUDES AN EXPRESS PRODUCT WARRANTY IT SHALL BE PROVIDED TO THE PURCHASER WITH THE PRODUCT AT THE TIME OF PURCHASE. THE EXPRESS WARANTY IS CONTAINED IN THE PRODUCT USER INSTRUCTIONS, OR MAY BE REQUESTED FROM BESOTTED USING THE INFORMATION IN THE “CONTACT US” SECTION AT THE END OF THIS AGREEMENT.
- WITH THE EXCEPTION OF ANY EXPRESS WARRANTY THAT IS PROVIDED TO THE PURCHASER WITH A PRODUCT AT THE TIME OF PURCHASE, ALL PRODUCTS AND SERVICES AVAILABLE FROM BESOTTED ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BESOTTED AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “BESOTTED PARTIES”) DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE USE OF OUR SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
- OUR SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS WEBSITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES AND INFORMATION ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE; HOWEVER WE HAVE NO OBLIGATION TO DO SO.
- THE BESOTTED PARTIES DO NOT WARRANT THAT THE WEBSITE, OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
- YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
- SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU..
- Limitation Of Liability
- IN NO EVENT SHALL BESOTTED PARTIES BE RESPONSIBLE OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR PRODUCTS AND SERVICES; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON, OR USE OF, OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER INFORMATION, SERVICES OR GOODS PURCHASED, OR RECEIVED THROUGH, OR ADVERTISED ON, THE WEBSITE, OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
- WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
- IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF BESOTTED, AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS, IN CONNECTION WITH, OR UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE PURCHASE PRICE YOU PAID TO BESOTTED GIVING RISE TO YOUR CLAIM HEREUNDER OR $100.00, WHICHEVER IS GREATER.
- YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
- You agree that you will be personally responsible for your use of the Besotted Products and Service; and you further agree to defend, indemnify and hold harmless Besotted and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of, the Service or the Products you purchase through the Service; (ii) your violation of these Terms and Conditions or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; and (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy rights.
- We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- By using our Services and Products, you release, to the maximum extent allowed by law, Besotted, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services or
- If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- Interruption of Service
- Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
- You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
- Governing Law
This Agreement, and any separate agreements whereby we provide you Products or Services, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of Illinois in and for the County in which Besotted has established its principal office.
- Our Remedies
- You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
- For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of Illinois in and for the County in which Besotted has established its principal office. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
- Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
You and Besotted agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Besotted (including any claim or dispute between you and a third-party agent of Besotted) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Services, the actions of Besotted or its agents, or any Products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
- Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Illinois, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Besotted, except as otherwise stated in this Agreement.
- Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Besotted, whether arising out of or relating to these Terms and Conditions (including any alleged breach thereof), the Services, the Products, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Terms, you and Besotted are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND BESOTTED AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BESOTTED AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- Pre-Arbitration Dispute Resolution. We at Besotted believe that most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Besotted should be sent to the address provided in the Contact Us section at the end of these Terms and Conditions (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Besotted and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Besotted may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Besotted or you shall not be disclosed to the arbitrator during the arbitration proceeding.
- Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms and Conditions as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and Conditions and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Besotted and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, Besotted agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
- All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms and Conditions will continue to apply.
- Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of Illinois in and for the County in which Besotted has established its principal office. You and we agree to submit to the personal jurisdiction of the courts located within the State of Illinois for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of Illinois; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Illinois.
- Law Enforcement
Besotted is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Besotted receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
- Statutory Rights; Notice To California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Website.
- Amendments to this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
- No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
- Entire Understanding
If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding this Agreement, our Products or our Services, please contact us at email@example.com or mail us here:
c/o Classic Kids LLC
566 Chestnut Street, Ste 1
Winnetka, IL 60093
Last updated: January 17, 2022