Website Terms & Conditions
By using this website you represent that you are at least 18 years of age or at least the age of majority where you reside. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age or are of the age of consent where you reside.
COPYRIGHT & LICENSING
Unless otherwise stated or permission is granted, BEX Studios and/or its licensors own the intellectual property rights in the website and materials on the website. Subject to the license below, all rights are reserved. All content included on this website, including but not limited to text, graphics, logos, button icons, and images is copyrighted as a collective work under United States and international copyright laws, and is the property of BEX STUDIOS. You may view, download and print pages from this website for your own personal use only.
Users must not:
· republish material from this website (including republication on another website);
· sell, rent or sub-license material from the website;
· show any material from the website in public;
· reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
· edit or otherwise modify any material on the website;
· redistribute material from this website (except for content specifically and expressly made available for redistribution).
Users must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
The use of this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software, is prohibited.
Users must not conduct any systematic or automated data collection activities, which include without limitation; scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent.
Sending or transmitting unsolicited commercial communications is prohibited.
In these terms and conditions, “your user content” includes without limitation; text, images, audio material, video material and audio-visual material, that you submit to this website, for whatever purpose.
You grant BEX Studios a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the right to sub-license these rights, and the right to bring an action for infringement of these rights.
User content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or BEX Studios or a third party (in each case under any applicable law).
No user content may be submitted to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
BEX Studios reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website and reserves the right to refuse service to anyone for any reason at any time.
Access to certain areas of this website is restricted and permission is granted only to those who are permissible to access those areas. BEX Studios reserves the right to restrict access to areas of this website, or indeed this entire website, at its discretion.
If BEX Studios provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Information that is not kept confidential may result in loss of access and use of this site.
BEX Studios may disable and/or terminate user accounts (ID and password) in its sole discretion without prior notice or explanation.
This website and the materials and products on this website are provided “as is” and without warranties of any kind, whether express or implied. BEX Studios makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, BEX Studios does not warrant that:
· this website will be constantly available, or available at all;
· information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
All information is provided and meant to be as accurate as possible; however, in the event that any information is incorrect and has inaccurately been published on this website, BEX Studios reserve the right to refuse or cancel any orders placed for a product listed at the incorrect price. If any money (including credit card transactions) has been received refund will be given or a credit to your credit card will be given.
Errors made in descriptions pertaining to size, color and styles are avoided; however because of discrepancies in users online viewing equipment, user is required to verify all information before making a final purchase. No warranty is given that the product descriptions, colors, or other content available on the website are accurate, complete, reliable, current, or error free.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit BEX Studios liability in respect of any:
· death or personal injury caused by negligence;
· fraud or fraudulent misrepresentation on the part of BEX Studios; or
· matter which it would be illegal or unlawful for BEX Studios to exclude or limit, or to attempt or purport to exclude or limit, its liability.
LIMITATION OF LIABILITY
BEX Studios, its officers, directors, employees, agents, licensors and suppliers, shall not be liable for any damages that result from the use of, or the inability to use, the materials on this website or the performance of the products, even if BEX Studios has been advised of the possibility of such damages. Certain state laws may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply, and may have additional rights.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
User accepts that, as a limited liability entity, BEX Studios has an interest in limiting the personal liability of its officers and employees. User agrees that they will not bring any claim personally against BEX Studios officers or employees in respect of any losses suffered in connection with this website.
Without prejudice to the foregoing paragraph, the user agrees that the limitations of warranties and liability set out in this website disclaimer will protect BEX Studios officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as other third-party companies who are not named at this time.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
User agrees to indemnify, defend, and hold BEX Studios, subsidiaries, affiliates, partners, officers, directors, employees, interns, subcontractors, agents, licensors and suppliers harmless from any claim or demand, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to them or any other person accessing this website.
LAW & JURISDICTION
This website is created, controlled and maintained by BEX Studios, in the State of California. Accordingly, the laws of the State of California shall in all events govern any disputes relating to this website, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. BEX Studios makes no representations as to the compliance of this website or its terms and conditions with any applicable law. If you choose to access this website from outside of the United States, you do so at your own risk and are responsible for compliance with all applicable laws. You may not use this website in violation of United States export laws. By using this website, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the State of California and agree that it shall serve as the sole and exclusive venue for any disputes relating to this website. Any claim or cause of action brought by you with respect to matters related to this website, including these terms and conditions, must be brought in a state or federal court located in the State of California and must be commenced no later than one (1) year after the claim arises. If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement as to matters relating to this website.
ADDITIONS, ALTERATIONS & TERMINATION
These or the most current Terms & Conditions can be reviewed at any time at by visiting this web page. The rights are reserved, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website without giving notice to the user. It is the users responsibility to periodically check for changes. By continuing to use or access this website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance.
These terms and conditions, or any part of them, may be terminated without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Applicable Law and Indemnification, shall survive any termination.
If there are any questions or concerns regarding these Terms & Conditions, written matters may be directed to: firstname.lastname@example.org or by writing to; BEX Studios, 1733 Mallow Ct., Carlsbad, CA 92011.