OVERVIEW
Thank you for visiting www.bingescents.com. This website is operated by BINGESCENTS ("bingecents"). Throughout the site, the terms “we”, “us” and “our” refer to BINGESCENTS. BINGESCENTS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. BY ACCESSING AND USING THIS WEB SITE, WHETHER BY PURCHASING ANY PRODUCTS FROM OUR SITE OR BY DOWNLOADING ANY INFORMATION OR MATERIALS FROM THE SITE OR OTHERWISE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREE THAT YOU WILL BE BOUND BY AND SUBJECT TO THESE TERMS AND CONDITIONS. In the event of a violation of any of these terms and conditions, bingecents reserves the right to deny future access to the Web Site and to seek all remedies available at law and in equity.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
TRADEMARKS, COPYRIGHT, ETC.
This Web Site is owned and operated by bingecents. The material included herein, including without limitation all content, text, graphics, artwork, photographs, site design, logos, icons, images, audio or video clips, code, scripts and software (collectively, the "Materials"), is the property of bingecents and/or its content suppliers and is protected by the trademark, copyright and other intellectual property laws of the United States and other countries. The selection, arrangement and compilation of all of the foregoing in the manner depicted is also the property of bingecents and is protected by said laws. ALL RIGHTS ARE EXPRESSLY RESERVED. No right, title or interest in and to the materials is conveyed or granted to you. You may not copy, reproduce, republish, transmit, disseminate, distribute, display, post, modify, create derivative works from, sell, license or otherwise use or exploit in any way whatsoever any Materials or other content from this Web Site without the prior written consent of bingecents. Without in any way limiting the foregoing, you agree not to use the Web Site or any Materials for any commercial or competitive purposes or for any other purposes which may be harmful or detrimental to bingecents or its business.
Bingecents retains all rights to its trademarks, trade names, brand names, trade dress and other such intellectual property, including without limitation, bingecents® and the names of our products, as indicated, all of which are registered and/or common law trademarks of bingecents in the United States and in other countries. These trademarks, together with all associated service marks, slogans and other bingecents product names, graphics, logos, service names and custom icons are included within the intellectual property of bingecents and all rights thereto are expressly reserved. The Company’s trademarks and intellectual property may not be used by any third party without the express written permission of the Company and, without limiting the foregoing, may not be used in connection with any product or service or in any manner that is likely to or may dilute the strength of the trademark, disparage or discredit bingecents or its products and services, or cause confusion among consumers. Any other trademarks that appear on this site and are not owned by bingecents are the property of their respective owners.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING
Bingecents expressly prohibits any use of our trademarks, trade names or brand names in metatags, keywords and/or hidden text. The use of our trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to this Web Site, or any page or portion thereof, without the prior written consent of bingecents is expressly prohibited. Likewise, framing, in-line linking or other methods of association of the bingecents Web Site or its Materials with any other site, advertisement, link or other information or materials not originating from this Web Site is expressly prohibited.
USER CONTENT
Bingecents is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except in compliance with the procedures outlined for idea submissions outlined elsewhere in this website. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through this website (“Communications”), including e-mails to bingecents or postings on interactive portions of this website, shall be deemed and shall remain the property of bingecents. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. Bingecents is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE bingecents from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or bingecents, you hereby grant bingecents, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all ""moral rights"" in uploaded Communications have been waived.
INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT
Bingecents does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:
- You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
- You will not upload viruses or harmful components.
- You will not use the website to further any illegal purpose or to violate the rights of any party.
- You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
Bingecents will assist law-enforcement officials investigating illegal activity or violations of these terms of use.
SUBJECT TO CHANGE
Bingecents reserves the right to make changes or modifications to this Web Site or to any of the terms, conditions, disclaimers and policies referenced herein, and to add or remove any portion of the site, including any portion of these Terms and Conditions, at any time, in its sole discretion and without notice. All such changes shall be effective immediately upon posting. You should review these terms and Conditions frequently, as your use of the Web Site following any changes to these Terms and Conditions shall constitute your acceptance of and agreement to be bound by the revised terms and Conditions whether or not you have actually reviewed them. Bingecents may in its sole discretion terminate, suspend or discontinue any aspect of the Web Site, including the availability of any features or products, at any time and without notice or liability. bingecents may also restrict your access to all or any portion of the Web Site without notice or liability.
PRODUCTS AND PRICES
Without limiting the generality of the foregoing section (Subject to Change), the price and availability of any products contained or referenced on this Web Site is subject to change at any time and without notice. As noted elsewhere herein, bingecents is not responsible for any typographical errors or accuracy of colors displayed on your computer monitor’s display, which specifically includes those relating to the price, size, or description of an item.
All prices displayed on this site apply only to the products and services available on the Web Site and may not necessarily reflect the prices of such products or services, or similar items, available through retail stores, catalogs or otherwise. Prices are at all times subject to availability and nothing herein shall constitute an "offer to sell." All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. The receipt of an e-mail confirmation of your order is simply an acknowledgement that we have received your requested order and does not constitute an offer to sell.
Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this site. All purchases from this site are made pursuant to a shipment contract. As a result, risk of loss and the title for items purchased from this site pass to you upon delivery of the items to the carrier.
BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
PROHIBITED USE
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
APPLICABLE LAW
This Web Site is created, controlled and maintained by bingecents in the State of Florida. Accordingly, the laws of the State of Florida shall in all events govern any disputes relating to this Web Site, 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. bingecents makes no representations as to the compliance of the Web Site or its terms and conditions with any applicable law. If you choose to access the Web Site 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 the Web Site in violation of U.S. export laws.
By using this Web Site, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the State of Florida and agree that it shall serve as the sole and exclusive venue for any disputes relating to this Web Site. Any claim or cause of action brought by you with respect to matters related to the Web Site, including these terms and conditions, must be brought in a state or federal court located in the State of Florida and must be commenced no later than one 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 between the parties as to matters relating to this Web Site and may only be modified by a writing signed by both parties.
THIRD PARTY SITES
As a convenience to you, and for informational purposes only, bingecents may from time to time provide links to web sites operated by other entities unrelated to bingecents. If you use any such link, you acknowledge that you will be leaving this Web Site to visit another. If you decide to visit any linked site, you do so at your own risk. bingecents expressly disclaims any responsibility, liability, warranty or representation regarding any linked site or the information, materials, content, products or services contained in or provided by such site. Moreover, providing such a link in no way implies that bingecents endorses or adopts any information, articles, products, services, or other materials appearing on or provided by the linked site, and bingecents expressly disclaims any such endorsement.
DISCLAIMER OF WARRANTIES
THIS WEB SITE AND THE MATERIALS, CONTENT AND PRODUCTS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BINGESCENTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE CONTENT, MATERIALS, PRODUCTS AND SERVICES PROVIDED HEREIN, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ALLOWED BY LAW ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OR ANY WARRANTY OR REPRESENTATION THAT THE OPERATIONS AND FUNCTIONS OF THIS SITE SHALL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.
Without limiting the generality of the foregoing, this Web Site and the Materials contained herein may contain inaccuracies and typographical errors. Bingecents does not warrant the accuracy or the completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this Web Site. Any reliance on any of the foregoing shall be at your sole risk.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL BINGESCENTS, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEB SITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF BINGESCENTS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless bingescents and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.