Condition of Use
Welcome to the web site of PGMdressforms.com, ("PGMdressforms.com", "us", or "our"). Our services and products presented in the PGMdressforms.com web site ("site") are provided subject to the following terms and conditions. PGMdressforms.com may revise these terms from time to time by updating this posting, with the revised terms taking effect as of the date of its posting. If you visit the site, you agree to be bound by these terms and conditions as in effect at the time of your visit.
1. Access and Privacy.
You agree to abide by any policies posted on PGMdressforms.com. We expect that you will use caution and common sense when utilizing the services that come with Membership. Furthermore, by accessing PGMdressform.com you agree to comply with all applicable laws regarding your access to Membership services.
You must be at least thirteen (13) years old to register for the services provided in the Website. We also encourage anyone under the age of thirteen (13) years old to seek the consent of their parents or guardians before making use of any of the free services available at PGMdressforms.com or before providing information about themselves to anyone on the Internet. Children should never reveal their addresses, phone numbers or other personal information to any strangers on the Internet.
In consideration of use of our services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by registration forms; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, PGMdressform.com retains the right to terminate your account and refuse any and all current or future use of the services.
PGMdressforms.com may, in its sole discretion and at any time, modify and/or discontinue PGMdressforms.com, and/or limit, terminate or suspend your use of or access to PGMdressforms.com. And/or make changes to this Agreement. Your right of access and use of the Website shall not be deemed as a waiver of any of PGMdressform.com's rights hereto nor shall it be deemed as a grant of any rights to any of the information, intellectual property or other matters described or set forth herein.
2. Content and Uses of the Website
When/if you submit any content to any "public area" of the Website, you grant PGMdressforms.com, its affiliates, suppliers, distributors, and third party service providers a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights, in "public area" content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any visitor to access, display, view, store, and reproduce "public area" content for personal use. Subject to the foregoing, the owner of "public area" content retains any and all rights that may exist in such content. By accessing PGMdressforms.com, you agree that you shall have no recourse against PGMdressform.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to PGMdressforms.com.
You are solely responsible for your content, and we merely act as a passive conduit for your online distribution and publication of your information. However, we may unilaterally take any action with respect to your content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
PGMdressform.com reserves the right to edit, copy, delete, in part or in full, any or all content provided by its members. PGMdressforms.com may make these changes at any time for any reason without the prior consent or notification of the author.
You may only use PGMdressform.com for legal purposes. The content you distribute or request to receive (directly or indirectly) through Membership access, any products and services you may choose to offer (if permitted to do so), and any username you select: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law or regulation (including without limitation those governing export control, unfair competition, anti-discrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography; or (e) shall not contain any computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not distribute unsolicited commercial messages ("spam") through your use of services provided by PGMdressform.com or take any other action, which imposes an unreasonable or disproportionately large load on our infrastructure, including without limitation, using excessive network bandwidth. In addition, you may not distribute spam that directs or encourages users to visit our Website through the account of another provider. At our option and without further notice, we may use anti-spam technologies that may terminate your messages without delivering them or prevent messages from reaching you.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of PGMdressforms.com. You further agree not to use an inappropriate member name of any kind.
The entire contents of PGMdressforms.com are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are PGMdressform.com, its affiliates or other third party licenser's. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Website solely for your own noncommercial use. You hereby agree not to change or delete any copyright or proprietary notices from the materials downloaded or printed from PGMdressforms.com
3. Third Party Providers
You may order, purchase, or otherwise obtain services or merchandise through this Website from entities not affiliated with PGMdressform.com ("Sellers"). All matters concerning the merchandise and services obtained or desired from any Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. PGMdressforms.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider PGMdressforms.com nor will PGMdressform.com be construed as a party to such transactions, whether or not PGMdressforms.com may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
PGMdressforms.com may contain links that provide access to services provided by affiliates of PGMdressform.com. These links are provided solely as a convenience to you and not as an endorsement by PGMdressforms.com of the content of such other websites. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF SUCH SERVICES
If we ask a third party to provide services through the Website or for your use, the provisions of this Agreement shall apply to your use of their services. PGMdressforms.com is not responsible for the content on the Internet or WebPages that are contained outside the Website. PGMdressform.com make no representations as to the quality, suitability, functionality or legality of any other websites to which we may provide links, and you hereby waive any claim you might have against PGMdressforms.com with respect to such sites.
You agree to indemnify, defend and hold harmless PGMdressforms.com, its parent companies, subsidiaries, affiliates, and any officers, directors, employees, consultants, and agents of any of them from any and all third party claims, liabilities, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from your use of services provided by PGMdressforms.com, your violation of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property right or other right of any person or entity. The Agreement will inure to the benefit of PGMdressforms.com and its successors, assigns and licensees
5. Choice of Law, Jurisdiction, and Venue
This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflicts of laws principles; as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Both you and PGMdressforms.com submit to the exclusive personal jurisdiction of the State of New York and further agree that any cause of action arising under this Agreement shall be brought in a court in Los Angeles, California.
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. BELLACOR DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF BELLACOR, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT BELLACOR DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. BELLACOR DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. BELLACOR DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. Bellacor may display advertising prints for products sold through this website. Bellacor attempts to display the colors of the products shown on this Website as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor used by you.
7. Limitation of Liability
IN NO EVENT SHALL BELLACOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF BELLACOR OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced and remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement or to exercise any right under the Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.
PGMdressforms.com may freely assign this Agreement and upon such assignment PGMdressform.com will be relieved of any further obligation there under. You may not assign its rights under this Agreement, in whole or in part, to any third party.
12. Entire Agreement
PGMdressforms.com reserves the right to charge fees, surcharges and/or membership fees at any time upon without prior written notice to you.
The services there under are offered by PGMdressforms.com, located at 5041 Heintz St. Baldwin Park, CA 91706. Please feel free to contact PGMdressform.com to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address or emailing firstname.lastname@example.org. Upon your request, you may have this Agreement sent to you by e-mail.