By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are visitors, customers, contributors of content, information and other materials or services on the Site.
If you do not agree, you may not use the BDD Services. These terms describe the limited basis on which the BDD Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some BDD Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the BDD Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the BDD Services. If you do not agree to any change to these terms, you must discontinue using the BDD Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the BDD Services) if you fail to comply with any provision of these terms.
If you have any questions, you can use the Contact page to submit your inquiry.
Section I: General Terms
This Service is provided by BDD on an “AS IS” and “AS AVAILABLE” basis and BDD reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that BDD is and will not be liable to you for any modification, suspension or discontinuance of the Service.
To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify BDD of any unauthorized use of your password.
BDD is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to BDD are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of BDD or the appropriate owner of copyright in such works. BDD does not claim ownership rights in your works or other materials posted by you to BDD (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
6. BDD’s Intellectual Property
Beloved Doll Designs, Beloved Doll, and other BDD graphics, logos, designs, page headers, button icons, scripts, and service names are registered copyrights, copyrights or trade dress of Beloved Doll Designs, LLC. and Amy Sollers in the U.S. and/or other countries. BDD’s copyrights and trade dress may not be used, including as part of copyrights and/or trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
7. External Links
BDD may provide links to third-party websites or resources. You acknowledge and agree that BDD is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BDD of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to BDD that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. BDD does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless BDD, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
9. Disclaimer of Warranty and Limitation of Liability
BDD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BDD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. BDD MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT BDD IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, BDD SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF BDD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL BDD’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO BDD PURSUANT TO THIS AGREEMENT.
10. Submitting Content
Blog Posts – As a registered member of the Service, you will be granted the privilege of participating in blog posts and discussions on the BDD website as part of the Service, which means you may post Your Content in the form of text for display in these areas of the BDD website, subject to your compliance with the Terms.
11. Content License
12. Re-Posting Content
By posting Content on BDD, it is possible for an outside website or a third party to re-post that Content. You agree to hold BDD harmless for any dispute concerning this use.
13. Idea Submissions
BDD considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and BDD shall not be liable for the disclosure or use of such Material. If, at our request, any member sends Material to improve the site (for example through the Forums or to customer support), BDD will also consider that Material to be non-confidential and non-proprietary and BDD will not be liable for use or disclosure of the Material. Any communication by you to BDD is subject to this Agreement. You hereby grant and agree to grant BDD, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
14. Monitoring Content
BDD has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.
BDD does not control the Content provided by users that is made available on BDD. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using BDD, you agree to accept such risks and that BDD (and BDD’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on BDD. Please use caution, common sense, and practice safe buying and selling when using BDD.
15. Conduct II
You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.
You agree not to use the Service:
- for any unlawful purposes;
- to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist’s right of any third party including, but not limited to, BDD or to facilitate the unlawful distribution of copyrighted content or illegal content;
- to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- to upload, post, or otherwise transmit any material which is likely to cause harm to BDD or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- for any commercial purpose, except as expressly permitted under these Terms;
- to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from BDD by hyperlink and not to compete with BDD.
16. Disputes with Users or Third Parties
In the event a dispute arises between you and another user or a third party, BDD encourages you to contact the user or third party to resolve the dispute amicably.
If users are unable to resolve a dispute that occurs on BDD, they may choose to participate in BDD’s case system in order to resolve the dispute. Cases are escalated for review and resolution by BDD. BDD provides its dispute resolution process for the benefit of users. BDD does so in BDD’s sole discretion, and BDD has no obligation to resolve disputes between users or between users and outside parties. To the extent that BDD attempts to resolve a dispute, BDD will do so in good faith based solely on BDD’s policies. BDD will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release BDD (and BDD’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
17. Suspension and Termination of Access and Membership
You agree that BDD may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the BDD Site, in BDD’s sole discretion, if you fail to comply with the Terms or applicable law.
18. Product Purchases from the BDD Shop
From time to time, BDD may make certain products available for purchase through the BDD Shop.
All payments are to be made in US dollars and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process. Prices do not include any import duties that may be added by the order destination country. Delivery dates are provided as an estimate only.
In general, BDD accepts returns on defective products or incorrect orders within thirty (30) days after receipt of your order. Please contact BDD and we will let you know whether you need to return the product(s) to us. If you do need to make a return, simply send the product(s) within thirty (30) days of receipt in the original packaging along with a copy of your invoice or order acknowledgement. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to BDD on returned items, and BDD will pay the shipping charges on replacement product(s). Returns can be for replacement or refund at BDD’s discretion. If your return merchandise is accepted, we will post a credit to your account within 24 hours from the time that we receive the product(s). Each return is credited in the same manner as payment. For example, if you paid for your order with PayPal, the credit will be applied to that PayPal account.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 18, ANY PRODUCT PURCHASED THROUGH THE BDD SHOP IS PROVIDED ON AN “AS IS” BASIS. BDD’S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH THE BDD SHOP SHALL BE FOR BDD TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THE PRECEDING PARAGRAPH.
19. Paid Transactions
Identity of Seller
Sales are made by BDD or the seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some storefronts on the BDD Services are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.
The Order Process
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
We are responsible for accurately listing their items and you are responsible for reading the description of items before making a purchase. All sales are binding. We obligated to ship the order or otherwise complete the transaction with you in a prompt manner, unless there is an exceptional circumstance, such as: (a) you fails to meet the terms of our listing (such as payment method), or (b) we cannot authenticate your identity. You are obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards. If you use a payment method other than a credit card, you may incur an additional payment processing fee.
Right of Return
You have the right, within thirty (30) days from the date of your receipt of the relevant goods, to cancel our contract with you and return the goods. This right does not apply to digital content, virtual items or products stated by us on the BDD Services to be non-returnable.
Please note that the rights of cancellation and return do not apply for personalized goods. Cancellations and changes to personalized goods cannot be made once you have submitted your order and personalized items cannot be returned unless there is a manufacturing error or product defect. We reserve the right to refuse personalized orders at our discretion. Inappropriate use of our personalization service will cause your order to be cancelled and any payment refunded.
We may revise the pricing for products and services we offer. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
International Shipping; Customs
When ordering goods for delivery to countries other than the United States of America, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
Section II: Competitions
Competitions that you enter on a BDD Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
Your competition entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental authorization was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information, or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
To enter a competition, you must be a registered user of the BDD Services and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s permission before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
Section III: Additional Terms
YOU AGREE TO INDEMNIFY AND HOLD BDD AND (AS APPLICABLE) BDDS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
24. No Guarantee
BDD does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside BDD’s control.
25. No Agency
You and BDD are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.