Terms And Conditions
Welcome to GiJaBell's! We have made it our mission to be the most trusted choice for a bride searching for your dream wedding dress.
The following Terms of Service ("Terms of Service" or "Terms") apply to all users of www.gijabells.com and its associated websites, subdomains, mobile versions, any associated applications and services (collectively, the "Website"), which are operated by GiJaBell's L.L.C. ("GiJaBell's," "we" or "us").
The Terms for the Website represent a legally binding agreement between you, an individual user or a single entity (collectively or individually "Users"), and GiJaBell's regarding your use of the Website. Together, Users and GiJaBell's are referred to herein individually as a "Party" or collectively as the "Parties." When using the Website, you will be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time on the Website (the "Guidelines"). All Guidelines are incorporated by reference into these Terms. These Terms apply to all users of the Website and our services, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.
BEFORE USING THE WEBSITE, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING, BROWSING, USING, AND REGISTERING WITH THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES AND ANY FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE.
- Children. You must be the age of Majority or older (18 in most states of the United States; older in some jurisdictions) to become a website member. While individuals under the age of 18 (but not younger than 13) may use the Website, they must do so only with the consent and involvement of a parent or legal guardian, under such person's account and otherwise subject to our Terms of Service. GiJaBell's does not seek through this Website to gather personal information from or about persons under 18. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children's privacy online.
- Modification of the Terms. GiJaBell's reserves the right, at our discretion, to change, modify, add or remove portions of these Terms at any time for any reason. We may notify you of such changes through various means, including a change to the "Last Revised" date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. Please check these Terms periodically for changes. Your continued use of the Website after posting changes constitutes your binding acceptance of such changes.
- Website Access, Linking. GiJaBell's grants you permission to use its Website as outlined in these Terms, provided that and for so long as (i) you use the Website solely for your personal, non-commercial use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise use or exploit any portion of the Website in any medium without GiJaBell's prior written authorization; (iii) you do not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; (iv) you do not engage in any of the prohibited uses as described in these Terms; and (v) you otherwise fully comply with these Terms. The Website is controlled and offered by GiJaBell's from its facilities in New York in the United States of America. GiJaBell's makes no representations that the Website is appropriate or available for use in other locations. If you are accessing or using the Website from other jurisdictions, you do so at your own risk, and you are responsible for compliance with local laws.
- If you register with us, you will be asked to provide a password. As you will be responsible for all activities under your account, you should keep your password confidential. The Website may implement technology that enables us to recognize you as the account holder and provide you with direct access to your account when you revisit the Website. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or GiJaBell's compatible devices, and you agree to accept responsibility for all activities that occur under your account or password. Where possible, public or shared devices users should log out after each visit. Suppose you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your email address or password). In that case, you shall immediately notify GiJaBell's. Then, you should report this incident to all of your card issuers, as well as your local law enforcement agency. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, GIJABELL'S, OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
- Ownership; Proprietary Rights.
- The Website, including all content, visual interfaces, interactive features, audio, video, digital content, information, text, graphics, design, compilation, computer code, products, software, services, proprietary information, copyrights, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, "look and feel," arrangement of items, and all other elements of the Website that are provided by GiJaBell's ("GiJaBell's Materials") are owned and licensed by GiJaBell's and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations, and treaties. GiJaBell's Materials do not include Non-GiJaBell's Content (as defined below). Except as expressly authorized by GiJaBell's, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, reverse engineer or disassemble any software or otherwise make unauthorized use of the Website or GiJaBell's Materials. GiJaBell's reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the GiJaBell's Materials, except for the limited rights expressly outlined in these Terms.
- We display products for sale on the Website. However, all purchases are made in person or via telephone. Please carefully review the pricing contained on the Website. You acknowledge that entering into a transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. GiJaBell's is not responsible for typographic errors. The price for each item will be marked on the page and clearly stated/marked when you provide your credit card information to make a purchase. A third-party payment processor may collect your name, email address, postal address, contact details, and credit or debit card information. You agree to pay all fees and applicable taxes incurred by you or anyone using your account.
- Price changes. We may revise the pricing for products or services offered through the Website at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees are payable by payment terms in effect when the fee or the charge becomes payable. If there is a dispute regarding payment of fees or products/ services provided by us, your account may be closed without warning or Notice at our sole discretion. EXCEPT AS OTHERWISE OUTLINED IN ANY RETURN POLICY APPLICABLE TO OUR PRODUCTS, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR OUR PRODUCTS ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
- Accuracy of Billing. We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or order at our sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing and shipping address. If we change or cancel an order, we may attempt to notify you by contacting the Email and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
- According to our Return Policy, certain products may have limited quantities and are subject to return or exchange only.
We have made every effort to display the colors and images of the products that appear on the Website as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right but are not obligated to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
- You may delete your account with us at any time by emailing us at: firstname.lastname@example.org. If you voluntarily delete your account or allow your account to lapse, you may reactivate your account at any time through the user account section of the Website.
- Accounts terminated by us for any type of abuse, including, without limitation, a violation of these Terms, may not be reactivated. We reserve the right to immediately terminate your account at our sole discretion and without prior Notice to you if, for example, you violate the Terms. Without limiting the preceding, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate your account and remove all of your User Content from the Website.
- Shipping. Please review our Shipping Policy here [______________________].If you experience any issues or have questions regarding a transaction, please contact us at 633.4300 or via email at: email@example.com.
- Returns. Please review our Returns Policy [______________________]. If you experience any issues or have questions, please contact us at 512.268.9010 or firstname.lastname@example.org.
- User Content.
(a) General. The Website may now or in the future permit you and other Users to post or link media, text, ideas, questions, audio and video recordings, photos, graphics, commentary, or other information or content ("User Content"), and to host and/or share such User Content. GiJaBell's makes no representations that your User Content will remain available via the Website in any way. We may remove your User Content at our sole discretion. YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE WEBSITE IS MADE PUBLICLY AVAILABLE TO USERS OF THE WEBSITE, AND GIJABELL'S DOES NOT GUARANTEE ANY CONFIDENTIALITY CONCERNING ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.
(b) Grant of Rights. By submitting User Content to GiJaBell's, you at this moment grant GiJaBell's a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Website and GiJaBell's (and its successor's, transferees', sublicensees' and their respective affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels or through merchandising. You grant GiJaBell's, transferees, and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution concerning your User Content. You also at this moment grant to each User of the Website a non-exclusive license to access your User Content through the Website and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Website and these Terms. The above licenses granted by you in the User Content you submit to the Website shall be perpetual and irrevocable, except that concerning any User Content that you have removed or deleted while maintaining your Website user account, or any User Content following any deactivation or deletion of your Website user account, you may specifically notify GiJaBell's regarding the termination of the preceding license from you to GiJaBell's, specifically identifying the item(s) of User Content to which such termination applies, in which case the preceding license will terminate within a commercially reasonable time after you provide such Notice to GiJaBell's. However, you understand and agree that even following such termination, GiJaBell's may retain, but not display or perform, server copies of such User Content. Notwithstanding anything to the contrary herein, the above licenses granted by you in user comments you submit are perpetual and irrevocable.
(c) Your Representations and Warranties Regarding User Content. You shall be solely responsible for your User Content and the consequences of posting such User Content. In connection with User Content, you affirm, represent, and/or warrant that: (i) your User Content is not confidential or secret, (ii) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize GiJaBell's to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by GiJaBell's and these Terms, and to grant the rights and licenses set forth in this Section, and (iii) your User Content, GiJaBell's use of such User Content pursuant to these Terms, and GiJaBell's exercise of the license rights set forth in this Section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulation, (iv) you have no expectation of compensation or confidentiality of any nature with respect to your User Content and we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to your User Content; and (v) you shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Website, your User Content or its posting on, or submission to, the Website, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
(d) Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Website: (i) any falsehoods or misrepresentations that could damage GiJaBell's or any third party; (ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iii) advertisements or solicitations of business, products, or services; or (iv) any material that would be harmful to minors in any manner.
(e) No Responsibility for User Content. Except for the limited license granted above, we do not obtain or control any rights in and do not exert editorial control over, User Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by Users concerning such User Content.
- Non-GiJaBell's Content Disclaimer. You understand that when using the Website, you may be exposed to User Content, advertising, and other third party content (together, the "Non-GiJaBell's Content") from a variety of sources and that you may be exposed to Non-GiJaBell's Content that is inaccurate, offensive, indecent, or otherwise objectionable. GiJaBell's does not endorse any Non-GiJaBell's Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will GiJaBell's be liable in any way for or in connection with the Non-GiJaBell's Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-GiJaBell's Content, any intellectual property infringement or misappropriation about any Non-GiJaBell's Content, or any loss or damage of any kind incurred as a result of the use of any Non- GiJaBell's Content posted, emailed or otherwise displayed or transmitted through the Website.
- Non-Monitoring of Users and Non-GiJaBell's Content. You understand that you, and not GiJaBell's, are entirely responsible for all User Content that you upload, post, Email, transmit or otherwise make available through the Website. GiJaBell's does not control Non-GiJaBell's Content posted by Users or otherwise made available by other persons or entities and does not have any obligation to monitor such Non-GiJaBell's Content for any purpose. If at any time GiJaBell's chooses, in its sole discretion, to monitor the Non-GiJaBell's Content, GiJaBell's nonetheless assumes no responsibility for the Non-GiJaBell's Content, no obligation to modify or remove any inappropriate Non-GiJaBell's Content, no obligation to continue to monitor the Non-GiJaBell's Content and no responsibility for the conduct of the User or other person or entity submitting any such Non-GiJaBell's Content. You agree that you must evaluate and bear all risks associated with using any User Content or other Non-GiJaBell's Content, including any reliance on the accuracy, completeness, usefulness, non-infringement, or legality of such User Content or other Non-GiJaBell's Content.
- Removal of Non-GiJaBell's Content. GiJaBell's and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-GiJaBell's Content that is available on the Website in whole or in part at any time for any reason or no reason, with or without Notice and with no liability of any kind.
- Prohibited Uses of the Website.
- As a condition of your use of the Website, you represent and warrant that you will not use the Website for any unlawful or prohibited purpose (including, without limitation, the prohibitions in this Section) by these Terms.
- Any use by you of any of the GiJaBell's Materials and Website other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Website, use of the Website, access to the Website, or Non-GiJaBell's Content obtained through the Website, for any purpose other than for your personal use.
- Except as expressly provided in Section 4, you agree not to create derivative works of the Website content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of GiJaBell's and any applicable licensors.
- You agree not to use the Website if you do not meet the eligibility requirements described in Section 1 above.
- You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent.
- You agree not to interfere with intentionally or damage, impair or disable the operation of the Website or any User's enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Website with the intended result of denying service to other Users.
- You agree not to remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any part of the Website, or features that enforce limitations on the use of the Website.
- You agree not to attempt to gain unauthorized access to the Website or any part of it, including gaining access or attempting to gain access to another user's account, computer systems or networks connected to the Website or any part of it, through request, hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website.
- You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form (other than contributing User Content as enabled by the Website's functionality and by these Terms) nor to use modified versions of the Website, including (without limitation) to obtain unauthorized access to the Website or for the removal of any proprietary notices or labels on the Website.
- You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
- You agree not to utilize framing techniques to enclose any trademark, logo, or other GiJaBell's Materials without our express prior written consent. You agree not to use any meta tags or any other "hidden text" utilizing GiJaBell's name or trademarks without GiJaBell's express prior written consent.
- You agree not to use any GiJaBell's logos, graphics, or trademarks as part of the link without our express prior written consent.
- You agree not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Website to any third party.
- You agree not to make unsolicited offers, advertisements, proposals, send junk mail or spam to other users of the Website, or insert your own or a third party's advertising, branding, or other promotional content on the Website. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
- You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You agree not to use the Website in any manner that could interrupt, damage, disable, overburden or impair the Website, or interfere with any other party's use and enjoyment of the Website, including, without limitation, sending mass unsolicited messages or "flooding" servers.
- You agree not to modify, adapt, translate, or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You agree not to impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree not to use the Website to "stalk" or otherwise harass or harm another in any way.
- You agree not to post, transmit or otherwise disseminate through the Website any User Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party's intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence, or another unlawful activity; or (iv) is harmful to children in any manner.
The Website's unauthorized or prohibited use or the GiJaBell's Materials may subject you to civil liability, criminal prosecution, or both under federal, state, and local laws.
- Social Media Component
In certain sections of the Website, you may also be able to post your comments on Facebook, Twitter, Pinterest, Instagram, or YouTube. For example, your friends and others who have access to view information about you on these social media sites will be able to see (on Facebook, Twitter, Pinterest, Instagram, or YouTube and our Website) that you posted a comment. You'll also be able to see similar information about your Facebook, Twitter, Pinterest, Instagram, or YouTube friends connected to our Website. In addition, our Website may personalize and otherwise enhance your experience based on your social media accounts, such as your basic information, likes, and interests. Please pay careful attention to the privacy settings in Facebook, Twitter, Pinterest, Instagram, or YouTube, which will impact this feature and give you some control over the information shared and who it is shared with.
BY CONNECTING YOUR WEBSITE ACCOUNT TO YOUR FACEBOOK, TWITTER, PINTEREST, INSTAGRAM, OR YOUTUBE ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK, TWITTER, PINTEREST, INSTAGRAM OR YOUTUBE (BY YOUR PRIVACY SETTINGS ON FACEBOOK, TWITTER, PINTEREST, INSTAGRAM AND/OR YOUTUBE AND YOUR ACCOUNT SETTINGS ON OUR WEBSITE). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT USE THE FACEBOOK, TWITTER, PINTEREST, INSTAGRAM, OR YOUTUBE FEATURES.
- You are linking to the Website. You agree that if you include a link from any other website to the Website, such link shall open in a new browser window and link to the full version of an HTML formatted page of the Website. You are not permitted to link directly to any image hosted on the Website, such as using an "in-line" linking method to cause the image hosted on the Website to be displayed on another website. You agree not to download or use images hosted on the Website on another website for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website in any manner such that the Website, or any page of the Website, is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued and to revoke your right to link to the Website from any other website at any time.
- Service Availability; Timeliness of Information. GiJaBell's may make changes to or discontinue any of the GiJaBell's Materials, web communities, or products available on the Website at any time and without Notice, and GiJaBell's does not commit to updating these materials on the Website.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Website's contents at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
- Service Testing. From time to time, we test various aspects of the Website, including the platform, user interfaces, service levels, plans, promotions, features, availability of GiJaBell's Materials, and pricing, and we reserve the right to include you in or exclude you from these tests without Notice.
- You agree that concerning any contest entries, Feedback, analysis, suggestions, and comments to GiJaBell's provided by you (collectively, "Feedback"), IN CONSIDERATION OF GIJABELL'S PROVIDING ACCESS TO THE WEBSITE FREE OF CHARGE, USER at this moment GRANTS TO GIJABELL'S THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. User represents and warrants that User has the right to make the preceding grant to GiJaBell's. Any Feedback provided by User to GiJaBell's does not infringe any third-party intellectual property or other rights. Notwithstanding the preceding, GiJaBell's grants you a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
- These Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or when you cease using our Website. You agree that GiJaBell's, in its sole discretion, may terminate any account (or any part thereof) you may have through the Website or your use of the Website and remove and discard all or any part of your account or any User Content. You agree that your access to the Website or any account you may have or portion thereof may be terminated without prior Notice, and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly, may deny you access to the Website (or any part thereof). You also agree that GiJaBell's shall not be liable to you or any third party for any such termination. GiJaBell's reserves the right to modify, suspend or discontinue the Website and/or access it at any time and without Notice to you. GiJaBell's will not be liable to you should it exercise such rights, even if the change impacts your use of the Website. These remedies are in addition to any other remedies GiJaBell's may have at law or in equity.
- INDEMNIFICATION; HOLD HARMLESS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GIJABELL'S AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE WEBSITE; (II) YOUR USER CONTENT, INCLUDING GIJABELL'S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN CONCERNING YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE PRECEDING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT. GIJABELL'S RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF GIJABELL'S. GIJABELL'S WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
- DISCLAIMERS; NO WARRANTIES.
- YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 23 AND SECTIONS 24 AND 25 BELOW, THE TERM GIJABELL'S INCLUDES EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS, AND SUBCONTRACTORS.
- NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GIJABELL'S DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIJABELL'S OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS." YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, GIJABELL'S MATERIALS, USER CONTENT, AND NON-GIJABELL'S CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE," "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- WEBSITE OPERATION AND NON-GIJABELL'S CONTENT. GIJABELL'S DOES NOT WARRANT THAT THE GIJABELL'S MATERIALS, USER CONTENT, NON-GIJABELL'S CONTENT, WEBSITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, HACKING, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE PRECEDING WILL BE CORRECTED.
- GIJABELL'S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
- HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE (INCLUDING RSS FEEDS) IS AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA.
- GIJABELL'S MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING GIJABELL'S READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. ADDITIONAL DISCLAIMERS OR LIMITATIONS OF LIABILITY MAY BE CONTAINED IN THE VARIOUS SOFTWARE END LICENSE AGREEMENTS YOU HAVE AGREED TO BY USING OUR SERVICE.
- LIMITATION OF LIABILITY AND DAMAGES.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GIJABELL'S OR ITS THIRD-PARTY COLLABORATORS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE GIJABELL'S MATERIALS AND USER CONTENT ON THE WEBSITE, THE WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH GIJABELL'S, EVEN IF GIJABELL'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF DAMAGES. IN NO EVENT SHALL GIJABELL'S OR ITS THIRD-PARTY COLLABORATORS, LICENSORS, OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS (USD $100).
- LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.
- LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
- BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT GIJABELL'S HAS OFFERED ITS PRODUCTS AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GIJABELL'S, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GIJABELL'S. YOU ACKNOWLEDGE AND AGREE THAT GIJABELL'S WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
- Digital Millennium Copyright Act Compliance ("DMCA").
- Infringement Claims. Suppose you are a copyright owner or an agent and believe that any User Content or other Non-GiJaBell's Content infringes upon your copyrights. In that case, you may submit a notification under 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):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works, a representative listing of such works or a link or URL to all such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Website and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Website;
- Information reasonably sufficient to permit GiJaBell's to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed.
GiJaBell's designated Copyright Agent to receive notifications of claimed infringement is:
225 South Main Street, STE 106
Kyle, TX 78640
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFRINGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
- Notice and Takedown. Suppose we receive proper notification of claimed copyright infringement. In that case, we will respond expeditiously by removing or disabling access to the material claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. We may, at our discretion, deny access to the Website by, or disable and/or terminate the accounts of, Users who may be infringers.
- Copyright Counter-Notices. If the content you posted on the Website was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(g) of the DMCA, is as follows:
- To file a counter-notification with us, you must provide our Copyright Agent with a written communication that sets forth the items specified below at the address set forth above.
- Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) Users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.
- Elements of Counter-Notification. To expedite our ability to process your counter-notification, please use the following format (including section numbers):
- Identify the specific URLs of (or other information sufficient to allow us to identify) material that GiJaBell's has removed or to which GiJaBell's has disabled access.
- Provide your full name, address, telephone number, email address, and, if you are a registered user, the User name of your GiJaBell's account.
- Provide a statement that you consent to the jurisdiction of the Eastern District of New York and the Federal District Court for the judicial district in which your address is located (if your address is outside of the U.S.A.) and that you will accept service of process from the person who provided notification to our Copyright Agent by the process outlined above or an agent of such person.
- Include the following statement: "I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Sign the Notice. If you provide Notice by Email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
225 South Main Street, STE 106
Kyle, TX 78640
After receiving your counter-notification, we will forward it to the party who submitted the original copyright infringement claim. Please note that the counter-notification includes any identifying information outlined in the counter-notification when we forward it. By submitting a counter-notification, you consent to have such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Website. If we receive such notification, we will not restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
- Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for infringer users. So, suppose you are not sure whether the content you posted on the Website is infringing or are otherwise unsure whether to file a counter-notification using these procedures. In that case, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process set forth above under the heading "Elements of Counter-Notification."
- DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
- GiJaBell's may provide you with notices, including those regarding changes to these Terms, by Email, regular mail, or postings on the Website. If Notice is by Email or mail, it will be provided to the Email or regular mailing address with your account information. It is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless GiJaBell's is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide GiJaBell's with notices only by Email at email@example.com or mail to the address indicated in subsection (F) below.
- Governing Law. These Terms shall be governed by and construed by the State of New York laws, without giving effect to any principles of conflicts of law.
- For any dispute you have with us, you agree to first contact us through Email firstname.lastname@example.org and attempt to informally resolve the dispute with us. Suppose we have not been able to resolve the dispute with you informally. In that case, we each agree that any action at law or in equity arising out of or relating to these Terms or the Website shall be filed only in the state or federal courts in and for New York County, State of New York, and you at this moment consent and submit to the personal and exclusive jurisdiction and venue of such courts to prosecute any such action. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR CONCERNING THE SUBJECT MATTER HEREOF, YOU AT THIS MOMENT WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
- YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If, for any reason, we believe, have reason to believe, suspect, or are notified of any act, omission, or circumstances which may or could (i) compromise or endanger the health, well-being, or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving all other rights and remedies available to us at law, inequity cumulatively and under this agreement with you, to report and provide information to any regulatory and law enforcement authorities and agencies and take any action permitted by law.
- A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of GiJaBell's to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Notice for California Users.
Under California Civil Code Section 1789.3, users of our Website service from California are entitled to receive the following information on how to resolve a complaint regarding the Website service or to receive further information regarding the use of the Website service:
Such complaints or requests may be submitted to GiJaBell's by using one (1) of the following methods:
By Email: email@example.com
By U.S. Postal Mail:
225 South Main Street, STE 106
Kyle, TX 78640
- If any provision of these Terms shall be unlawful, void, or for any reason is unenforceable. That provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by GiJaBell's without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
- The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement. This is the entire agreement between you and GiJaBell's relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties concerning the said subject matter, excluding any other agreements that you may have entered into with GiJaBell's. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by GiJaBell's as outlined in Section 3 above. All rights not expressly granted in these Terms are reserved to us.
- The services hereunder are offered by GiJaBell's located at:
225 South Main Street, STE 106
Kyle, TX 78640