BCDesign Website: Terms and Conditions of Use
ABOUT BCDESIGNPHOTOGRAPHY.COM
BCDesignPhotography.com is a homebased E-commerce small business.
Everything you see within the BCDesign website stems from the designer's personal photography. Inspired by God's beautiful creation and His Holy Spirit, the designer adds Scripture to photographs or instead omits Scripture letting the photographs speak God's handiwork directly. All of the BCDesign products are manufactured using the highest quality materials, e.g. ink and paper to provide its customers with lasting treasures, and BCDesign's services assure a peaceful and easy transaction that will inspire its friends to return again and again. Welcome! We hope you find enjoyment here and inspiration for a gift for someone special or a personal blessing for yourself.
AGREEMENT BETWEEN USER AND BCDESIGNPHOTOGRAPHY.COM
The BCDesignPhotography.com website (the "Site") is comprised of various web pages operated by BCDesign ("BCDesign"). BCDesignPhotography.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of BCDesignPhotography.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
PRIVACY
Your use of BCDesignPhotography.com is subject to BCDesign's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
USE RESTRICTIONS
Use this webpage to only make genuine requests for BCDesign products or services; do not use this webpage to make fraudulent requests for products or services.
APPLICABLE LAW
By visiting BCDesign, you agree that the laws of the state of New Mexico, United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BCDesign or its associates.
ELECTRONIC COMMUNICATIONS
Visiting BCDesignPhotography.com or sending emails to BCDesign constitutes electronic communications. You consent to receive electronic communications from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. It is important to note that BCDesign does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use BCDesignPhotography.com only with permission of a parent or guardian.
LICENSE AND SITE ACCESS
BCDesign grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BCDesign. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BCDesign. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BCDesign and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing BCDesign’s name or trademarks without the express written consent of BCDesign. Any unauthorized use terminates the permission or license granted by BCDesign. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BCDesign so long as the link does not portray BCDesign, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BCDesign logo or other proprietary graphic or trademark as part of the link without express written permission.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
BCDesign has no obligation to monitor the Communication Services. However, BCDesign reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BCDesign reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
BCDesign reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BCDesign's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BCDesign does not control or endorse the content, messages or information found in any Communication Service and, therefore, BCDesign specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BCDesign spokespersons, and their views do not necessarily reflect those of BCDesign.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to BCDesignPhotography.com or posted on any BCDesign web page
BCDesign does not claim ownership of the materials you provide to BCDesignPhotography.com (including feedback and suggestions) or post, upload, input or submit to any BCDesign Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BCDesign, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. BCDesign is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BCDesign's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
BCDesignPhotography.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of BCDesign and BCDesign is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BCDesign is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BCDesign of the site or any association with its operators.
Certain services made available via BCDesignPhotography.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the BCDesignPhotography.com domain, you hereby acknowledge and consent that BCDesign may share such information and data with any third party with whom BCDesign has a contractual relationship to provide the requested product, service or functionality on behalf of BCDesignPhotography.com users and customers.
INTERNATIONAL USERS
The Service is controlled, operated and administered by BCDesign from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BCDesign Content accessed through BCDesignPhotography.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BCDesign or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of BCDesign, with copyright authorship for this collection by BCDesign, and protected by international copyright laws. All products purchased from BCDesign, whether in print or directly downloaded to your home or mobile device are for personal, private use only and cannot be reproduced in any form without the expressed written consent of BCDesign.
TRADE MARKS
BCDesign’s trademarks and trade dress may not be used in connection with any product or service that is not BCDesign’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BCDesign. All other trademarks not owned by BCDesign or its subsidiaries that may appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BCDesign or its subsidiaries.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless BCDesign, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BCDesign reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BCDesign in asserting any available defenses.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BCDESIGN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BCDESIGN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BCDESIGN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL BCDESIGN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BCDESIGN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
BCDesign reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Mexico and you hereby consent to the exclusive jurisdiction and venue of courts in New Mexico in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BCDesign as a result of this agreement or use of the Site. BCDesign's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BCDesign's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BCDesign with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BCDesign with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BCDesign with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors to BCDesign may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BCDesign reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant BCDesign and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BCDesign and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify BCDesign or its associates for all claims resulting from content you supply. BCDesign has the right but not the obligation to monitor and edit or remove any activity or content. BCDesign takes no responsibility and assumes no liability for any content posted by you or any third party.
DISPUTES
Any dispute relating in any way to your visit to BCDesign or to products you purchase through BCDesign shall be submitted to confidential arbitration in New Mexico, United States of America, except that, to the extent you have in any manner violated or threatened to violate BCDesign’s intellectual property rights, BCDesign may seek injunctive or other appropriate relief in any state or federal court in the state of New Mexico, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Return policies, posted on this site. These policies also govern your visit to BCDesign. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
CHANGES TO TERMS
BCDesign reserves the right, in its sole discretion, to change the Terms under which BCDesignPhotography.com is offered. The most current version of the Terms will supersede all previous versions. BCDesign encourages you to periodically review the Terms to stay informed of our updates.
PAYMENT
Production of all items ordered from BCDesign will not begin until an order is fully paid, including shipping and handling fees.
CANCELLATION/REFUND POLICY
When you have placed a "paid in full" (including shipping and handling fees) order with BCDesign and BCDesign has begun production of your order, then your order cannot be cancelled nor refunded.
RISK OF LOSS
All items purchased from BCDesign are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
MAILING SERVICE
BCDesign will not be liable for faulty recipient information or for printing errors provided by the customer. BCDesign takes the right to reject services if the service requested does not seem legitimate or is inappropriate.
PET PORTRAITS
BCDesign will to its best ability provide service depending on the cooperation of the animal and the handler. BCDesign is not liable for poor lighting environments or weather influences. BCDesign reserves the right to refuse service if the safety of photographer, animal or handler is in question. Depending on circumstances, BCDesign may charge a one-time set up fee before the pet photography session begins.
QUESTIONS
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: BCDesignNM@gmail.com
CONTACT US
BCDesign welcomes your questions or comments regarding the Terms:
BCDesign
P.O. Box 717
La Luz, New Mexico 88337
Email Address:
BCDesignNM@gmail.com
Effective as of December 01, 2015