| Terms of Use |
| Copyright 2002-2005 Bebénique. All Rights Reserved.
Welcome to the Bebénique Web Site ("Site"). Please
review the following basic terms that govern your use of and
purchase of products from our Site. Please note that your use of
our Site constitutes your agreement to follow and be bound by
the terms (the "Agreement"). We may from time to time, change the terms that govern
your use of our Site. Your use of our Site following any
such change constitutes your agreement to follow and be
bound by the terms as changed. We may change, move or delete
portions of, or may add to, our Site from time to time. |
| Registration and Your Account |
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Upon registration at Bebénique you are responsible for your password and account access and you agree to accept all responsibility for actions that occur under your account and password. Impersonations of any kind, such as false e-mail addresses or misrepresentation of identity or authorship, will also constitute a breach of these Terms of Use.
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| Site Contents-Trademarks-Copyright |
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Unless otherwise noted, all materials, including (without limitation) images, illustrations, designs, icons, photographs, video clips, and written and other materials
that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by
Bebénique. Bebénique's trademarks and trade dress may not be used in connection with any product or service that is not Bebénique's, in any manner that is
likely to cause confusion among customers, or in any manner that disparages or discredits Bebénique. All other trademarks not owned by Bebénique that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bebénique. The Site as a whole is protected by copyright and trade dress. All worldwide rights, title and interests are reserved. Bebénique and all other Bebénique marks, graphics, logos, page headers,
button icons, scripts and service names appearing at this Site are trademarks or trade dress of Bebénique. The Contents of our site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way,
in whole or in part, any of the Contents, the Site, or any
related software.
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| User Comments, Feedback, Postcards And Other
Submissions |
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We welcome your feedback on the Site.
All comments, feedback, postcards, suggestions, ideas, and
other submissions disclosed, submitted or offered to
Bebénique on or by this Site or otherwise disclosed,
submitted or offered in connection with your use of this
Site (collectively, "Comments") shall be and remain
Bebénique's property. Such disclosure, submission or
offer of any Comments shall constitute an assignment to
Bebénique of all worldwide rights, title and interests
in all copyrights and other intellectual property in the
Comments. Bebénique will own exclusively all such
rights, titles, and interests and shall not be limited in
any way in its use, commercial or otherwise, of any
Comments. Bebénique is and shall be under no obligation
(1) to maintain any Comments in confidence; (2) to pay any
compensation for any Comments; or (3) to respond to any user
Comments.
You represent that no Comments submitted by you to the
Site will violate any right of any third party, including
copyright, trademark, privacy or other personal or
proprietary right(s). You further represent that no Comments
submitted by you to the Site will be or contain libelous or
otherwise unlawful, abusive or obscene material. You are and
shall remain solely responsible for the content of any
Comments you make.
You agree that Bebénique may use and/or disclose
information about your demographics and use of the Site in
any manner that does not reveal your identity.
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| Product Information |
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Bebénique products displayed at the Site are available for purchase while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in all sizes and colors. The prices displayed at the Site are quoted in U.S. Dollars.
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| Product Display and Description |
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We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your computer monitor, we cannot guarantee that your monitor's display of any color or texture or detail of actual merchandise will be accurate. Bebénique cannot guarantee that product descriptions or the Content of this Site is accurate, complete, reliable, current or error-free. If you determine that a product offered by Bebénique is not as described, your sole remedy is to return it in an unused condition for a refund within thirty days. Personalized products offered by Bebénique are non-refundable.
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| Transfer of Risk and Title |
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Upon the delivery of your purchase from
Bebénique to the shipping company, the risk of loss and
title for your purchase passes to the carrier.
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| Links to Other Web Sites and Services |
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To the extent that this Site contains
links to outside services and resources, the availability
and content of which Bebénique does not control, any
concerns regarding any such service or resource, or any link
thereto, should be directed to the particular outside
service or resource. Bebénique makes no representation
or warranty that any web site links contain suitable,
appropriate materials. Bebénique does not assume any
responsibility or liability for the actions products or
content of any other third parties.
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| Disclaimer |
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THIS SITE AND ALL CONTENTS OF THE SITE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BEBÉNIQUE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BEBÉNIQUE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR SOFTWARE YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT BEBÉNIQUE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
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| Indemnification |
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You agree to defend, indemnify and hold
Bebénique harmless from and against any and all claims,
damages, costs and expenses, including attorneys' fees, arising
from or related to your use of the Site or any claim by a third
party that your Comments infringe the third party's rights.
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| Miscellaneous |
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Unless otherwise specified, this Site and the Contents
thereof are displayed solely for the purpose of promoting Bebénique's products and services available in the United States and select foreign markets. This Site is controlled and operated by Bebénique from its offices in Los Angeles, California.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California.
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| Termination |
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This Agreement is effective unless and
until terminated by either you or Bebénique. You may
terminate this Agreement at any time. Bebénique also
may terminate this Agreement at any time and may do so
immediately without notice, and accordingly deny you access
to the Site, if in Bebénique's sole discretion you fail
to comply with any term or provision of this Agreement. Upon
any termination of this Agreement by either you or
Bebénique, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as
all copies of such materials, whether made under the terms
of this Agreement or otherwise.
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