The following terms and conditions of use (the “Terms”) apply to and govern the use of and purchase of products from BACOR, Inc. and the website HandbagHandcuff.com (the “Site”). The terms “BACOR, Inc.” or “us” or “we” or “our” refers to the owner of the Site. The term “you” refers to the user or viewer of the Site. Please be advised that your use of our Site constitutes your agreement to follow and be bound by those Terms.
Acknowledgment and Acceptance of Terms and Conditions
Description of Website and Services
Handbag Handcuff® bag restraints, tassel key chains, and related accessories are offered for sale on our Site. Users of our Site are able to view and purchase these products and to learn about our programs and affiliations (“Services”). All content and Services made available on and through our Site shall automatically be governed by these Terms.
License to Use and Access HandbagHandcuff.com
BACOR, Inc. grants you a limited license to access and make personal use of our Site, but not to download or modify it, or any portion of it, except with our express written consent. The license does not allow any resale or commercial use of our Site or its contents, any derivative use of our Site or its contents, or any use of data mining, robots, or similar data-gathering and extraction tools. No portion of our Site may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes without our express written consent. We reserve the right to terminate your account if we determine, in our sole discretion, that you have not complied with these Terms.
Intellectual Property Rights
BACOR, Inc. displays/offers content on our Site for you to examine, including, but not limited to: articles, text graphics, blog entries, comments, product descriptions, photographs, pictures, drawings, animation, audio, video, literature, and any other material distributed by BACOR, Inc. in connection with its products and/or our Site. The selection and arrangement of this content, as well as the software published on our Site, are owned by and subject to our copyright and/or patent protection, our affiliates or licensors, or by third parties that authorize us to make such content available to you. As between us, we are the sole owner of all content on our Site, including, without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, service marks, trade names, product names, company names, domain names, logos and trade secrets, database rights, moral rights, sui generis rights, and other intellectual property rights thereto. You shall abide by copyright or other notices, information, and restrictions appearing in conjunction with any content accessed through our Site. Except as otherwise specifically provided in these Terms or otherwise expressly approved in writing by us, you may not (a) provide or create a link to our Site; (b) create any frames at any other websites pertaining to or using any of the content located at our Site; or (c) download or save a copy of our Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of our Site solely for your personal, noncommercial use or records, provided that any marks, logos, legends, or other proprietary notice appearing on the copied screens remains on and is not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the linked sites is the property of BACOR, Inc. or of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. If you wish to link to our Site, please send a written request to us via the How To Contact Us section below to seek approval and permission.
Copyright ©2021 BACOR, Inc. | Handbag Handcuff®. All Rights Reserved. All materials found on our Site are protected by United States and international copyright laws and treaty provisions and may not be reproduced, copied, edited, published, transmitted, uploaded, distributed, publicly performed, or otherwise used in any manner except with the express prior written permission of BACOR, Inc. | Handbag Handcuff®. Our Site is protected by copyright as a collective work and/or compilation, pursuant to United States copyright laws, international conventions, and other applicable intellectual property laws, rules, and regulations.
Handbag Handcuff’s name and logo are trademarks, service marks, and/or trade names of BACOR, Inc., all pending or registered in U.S. Patent and Trademark Office. All trademarks, service marks, and trade names owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion. Furthermore, our marks may not be used without our express written authorization, except as necessary, to accurately identify our products or services. All other trademarks, service marks, and trade names contained in our Site are the properties of the respective owners. We disclaim any proprietary interest in trademarks, service marks, and trade names other than our own.
In accordance with Section 287(a) of Title 35 of the United States Code, all users of our Site are hereby placed on notice of U.S. Pat. Publ. No. 2010/0147913, as well as U.S. and foreign patents pending.
Infringement of Intellectual Property Rights
If you believe that our Site utilizes content in a manner that constitutes copyright infringement, please send a written notice to the attention of our Registered Copyright Agent via our How To Contact Us address below, which includes the following information: (a) your contact information: telephone number, email, and mailing addresses; (b) a description of the copyrighted work that you claim is being infringed; (c) a description of where the claimed infringing material appears/is located on our Site; (d) a statement by you (claimant) that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate; and (f) an electronic or physical signature by you or a person authorized to act on behalf of the exclusive right that is claimed to have been infringed.
You hereby agree to indemnify, defend, and hold harmless BACOR, Inc. and its officers, directors, owners, agents, employees, information providers, affiliates, and licensors and licensees from and against any and all damages, claims, actions, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your use or misuse of our Site, or your infringement of any intellectual property or other right of any person or entity, or the uploading, posting, publishing, emailing, reproduction, distribution, or transmission of any content or other materials by you or users authorized by you, or in connection with any claim arising from any breach by you of this Agreement or the foregoing representations, warranties, and covenants. You shall cooperate as fully as reasonably required in asserting any available defense of any claim. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects our rights without our express written approval.
Limitation of Liability
You expressly agree that BACOR, Inc., its officers, directors, employees, agents, sponsors, advertisers, parents, affiliates, successors, or assigns, shall not be liable to you or any third party for (a) any direct or indirect, special, punitive or exemplary, incidental or consequential damages or loss of profits, use, data, or other intangibles, arising in any way out of the availability, reliance on, use of or inability to use our Site or of the content (and/or related software) thereon or the Services provided by our Site; (b) any of the materials provided by us or by third parties through our Site or the Services; (c) any damage or loss interruptions, technical issues, deletions of files, errors, defects, delays in performance of the service on our Site, regardless of the claim as to the nature of the cause of action, even though we or our agents have been advised of the possibility of such damages or loss, and regardless of the form action, whether in contract, tort, or otherwise; or (d) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of, our Site. Notwithstanding anything else contained in these Terms, in no event shall our aggregate liability to you or any third party for any damages, losses, claims, and causes of action, whether in contract, tort, negligence, or otherwise (collectively “Damages”), exceed the amount paid by you for our products purchased in connection with the Services. Some jurisdictions may not allow the exclusion or limitation of liability for incidental or consequential damages, so our liability shall be limited to the extent permissible under applicable law.
Disclaimer of Warranties
You expressly agree that you use our Site and its Services at your sole risk. The content on our Site, products, and Services are provided “as is,” “where is” and “as available,” and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of the merchantability and fitness for a particular purpose. Without limitation of the foregoing, we expressly disclaim any and all warranties of any kind, including, but not limited to, noninfringement as to the operation of our Site and Services, or the information, content, materials, or products included therein. We do not warrant, guarantee, or make any representations regarding (a) the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the information, content, products, merchandise, and Services on our Site; or (b) any warranties of title, warranty of noninfringement, warranties of merchantability, or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by our Site, including, without limitation, as a result of (a) any error, omission, deletion, or defect in the content; or (b) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus (such as worms, Trojan horses, or other harmful components), communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or under any other cause of action. You (and not us or Handbag Handcuff®) will be solely responsible for any damage to your computer system or loss of data that results from your attempt to download any material from our Site, and you shall assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions may not allow the exclusion of certain guarantees, representations, or warranties, therefore some of the above exclusions may not apply to you to the extent not allowed by such law.
Links to Third-Party Sites
Public Forums and User Submissions
Representations and Warranties; Prohibited User Conduct
You represent, warrant, and covenant that, while using our Site, the Services available on and through our Site, and the Public Forum(s), you shall not transmit, submit, upload, distribute, or publish content or material that contains or is:
- Unlawful, threatening, harassing, degrading, vulgar, hateful, or intimidating; or harmful or injurious to minors; or otherwise violates any applicable laws, rules, or regulations;
- Illegal, libelous, slanderous, defamatory, obscene, pornographic, profane, sexually explicit, abusive, invasive of privacy or publicity rights, or otherwise injurious to any third party or entity;
- Unsolicited or unauthorized advertising, political campaign literature, mass mailings, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” surveys, contests, or investment opportunities, or any form of solicitation (commercial or otherwise), or uses of any distribution lists, including any content targeted to reach any person who has not given specific permission to be included in such a process (commercial or otherwise);
- False or misleading or otherwise misrepresentation regarding origin or your affiliation with any person or entity designed to indicate that we endorse any statement you make, whether expressly or by implication;
- A solicitation of funds or for goods or services or promotional material (e.g., to promote websites, goods or services, whether competitive with us and our products or otherwise) without our express prior written consent;
- A file or program that is harmful or invasive or that may be or is intended to damage or hijack the operation of our Site or its Services, or to monitor the use of any disruptive or malicious hardware, software, or equipment, such as a virus, worm, Trojan Horse, Easter egg, time bomb, spyware, cancelbot, adware, malware, ransomware, scareware, or other computer code.
You further agree that you will not use our Site, its Services, or any of its Public Forums:
- To impersonate any person or entity;
- In a commercial manner, or for any reason other than personal use, copying or storing, reproducing, duplicating, reselling, or otherwise exploiting any content for any purpose other than your personal, noncommercial use. Any such commercial use is expressly prohibited without our express prior written permission or that of the copyright holder identified in the individual content’s proprietary rights’ notices. If any content (in whole or in part) on your personal website is accessible to any other person, then it is not considered a personal use and is not permitted;
- To reproduce, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer, rental, or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit any of the content, software, materials, in whole or in part;
- To violate, plagiarize, or infringe upon or interfere with our intellectual property rights, or the rights of any third party, including, but not limited to, removing any copyright, trademark, patent, or other proprietary rights’ notice(s) from our Site and Services or content or materials originating from our Site and Services; or using meta tags or any other “hidden text” utilizing our name or trademarks, including Handbag Handcuff®, without our express prior written consent;
- To frame or mirror any part of our Site and Services without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials transmitted through our Site and Services;
- To engage in “spidering” or utilize any site search and/or retrieval application to retrieve, index, “scrape,” “data mine,” or in any way gather, harvest, or collect content or materials from our Site and Services, including personally identifiable information, passwords, or email addresses; or to systematically download and store content from our Site and Services in order to create a database; or attempt to gain unauthorized access to our Site and Services, other accounts, computer systems or networks connected to our Site and Services, through password mining or any other means; or to reproduce or circumvent the navigational structure or presentation of our Site and Services;
- To download, or otherwise copy, or provide (whether for a fee or not) to a person or entity that is not a user of our Site and Services any directory of our users or usage information or any portion thereof other than in the context of your use of our Site and Services as permitted under this Agreement;
- To interfere with or disrupt the operation of our Site and Services or the servers or networks used to make our Site and Services available; or violate any requirements, procedures, policies, or regulations of such networks; or to restrict or inhibit any other person from using our Site and Services, including, without limitation, by hacking or defacing any portion of our Site and Services; or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
- To violate contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or give rise to criminal or civil liability; or encourage or provide instructional information about illegal activities;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law; or
- To engage in any other conduct of which you have been notified, at our sole discretion, is deemed inappropriate, unauthorized, or objectionable.
Changes to Terms; Site Modifications
Our site is managed, controlled, and operated by us from the United States, and is not intended to be subject to the laws or jurisdiction of any territory outside the United States. We make no representation that the content on our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with all local laws, rules, and regulations. We do not represent or warrant that our Site or Services or any part thereof are appropriate or available for use in any particular jurisdiction. We may limit our Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and at our sole discretion.
Governing Law; Venue; Waiver
BACOR, Inc. is located in Los Angeles, California, and therefore the laws of the State of California (excluding any principles of conflicts of laws that would require the application of the laws of another jurisdiction) govern your use of our Site, Services, and this Agreement. Any legal action or proceeding relating to your access to, or use of, our Site or our Services shall be instituted only in a State or Federal Court located in Los Angeles County in the State of California. You hereby agree to submit to the personal jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Furthermore, no delay or omission by us to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by us if any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part. Such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provisions may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law. You agree that any claim or cause of action arising out of your use of our Site, Services, or these Terms must be filed within twelve (12) months after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We may, in our sole discretion, terminate or suspend your access, or refuse service at any time, without notice, to all or part of any of our Site or Services for any or no reason, including, without limitation, any breach of this Agreement by you or associated with your account, any assignment of your account to a third party, or the infringement of copyrights owned by us or third parties. We, and any of our authorized agents and employees, without limitation, may terminate your use of our Site and/or your account without notice in the event that you breach any obligation in this Agreement, including, but not limited to, (a) restricting, inhibiting, or disrupting the operation of our Site; or (b) attempting to alter or improperly access any feature or function of our Site. Your access may also be subject to termination if you post or transmit any illegal content, harass or threaten any user of our Site or any of our employees, post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of our Site activities, post unsolicited advertising, or improperly impersonate our employee(s) or other individual(s).
California Consumers Rights Notice
Pursuant to California Civil Code Section 1789.3, California residents who would like to resolve a complaint regarding our Site, or to receive further information regarding use of our Site, may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing by mail at 1625 North Market Boulevard, Sacramento, California 95834, or via telephone at (916) 445-1254 or (800) 952-5210.
You shall not transfer, assign, sublicense, or pledge in any manner whatsoever any of your rights or obligations under this Agreement. We may transfer, assign, sublicense, or pledge, in whole or in part, in any manner whatsoever, these Terms and/or any of our rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof, or to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of our assets, or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about these Terms or our Site in general, you may contact us in writing via email or U.S. postal mail. Please identify the nature of your request. We will respond to your questions or concerns promptly. You may also direct complaints, if any, to us using the same contact details.
Mail: BACOR, Inc.
137 North Larchmont Boulevard, #219
Los Angeles, California 90004
Attention: Privacy Manager
We reserve the right to give notice to you by email, a posting on our Site, or other reasonable means. We may broadcast, distribute, or display notices or messages through the Services to inform you of changes to these Terms, our Site, and/or our Services.
This Agreement, the Privacy Statement, and any other Terms referenced in this Agreement constitute the entire agreement between you and us with respect to your access to and use of our Site and Services (including BACOR, Inc.’s products) and supersede all prior or contemporaneous agreements (whether oral, written, or electronic) between us with respect to our Site and/or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or unenforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
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Revised & Effective January 1, 2021