Terms & Conditions
A legal disclaimer
Last Updated: May 4, 2025
Welcome to Bella's Boutique! By accessing or using our website and service (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). Please read them carefully.
1. Acceptance of Terms
By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
2. Use of the Service
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You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service.
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You are responsible for maintaining the confidentiality of any account information, including usernames and passwords, that you use to access the Service.
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We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
3. Intellectual Property
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The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Bella's Boutique and Gifts and its licensors.
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Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bella's Boutique and Gifts, and Karen Kyser.
4. User Content (If Applicable)
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If the Service allows you to submit, upload, publish, or otherwise make available content, including but not limited to text, photographs, videos, and audio ("User Content"), you retain all rights in, and are solely responsible for, the User Content you make available through the Service.
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By making any User Content available through the Service, you grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and otherwise exploit your User Content in connection with the Service.
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You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, releases, and permissions that are necessary to grant to us the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor your submission, uploading, publishing, or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5. Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Bella's Boutique and Gifts. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Bella's Boutique and Gifts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
6. Disclaimer of Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BELLA'S BOUTIQUE AND GIFTS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BELLA'S BOUTIQUE AND GIFTS, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8. Indemnification
You agree to defend, indemnify, and hold harmless [Your Company Name] and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any User Content you submit or make available through the Service; or (vi) your willful misconduct.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions.
10. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 5 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
11. Contact Us
If you have any questions about these Terms, please contact us at:
bellasboutiqueandgifts@gmail.com located at 201 Park Avenue Amherst Ohio, 44001.
