Terms of service

OVERVIEW

This website is operated by Babeflips LLC. Throughout the site, the terms "we", "us" and "our" refer to Babeflips LLC. Babeflips LLC 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 visiting our website and/or purchasing anything from us, you are engaging our "Service" and agreeing to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, sellers, customers, merchants and/or content creators.

 

Please read these Terms of Use carefully before accessing or using our Website. By accessing or using the Website in any way, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this Agreement, do not access the Website or use any Services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service.

 

Any new features or tools added to the current Store will also be subject to the Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use or access of the Site following the posting of changes constitutes your acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Use, you represent that you are at least the age of majority in the country in which you reside, or that you are of legal age in the country in which you reside and have given us your consent to allow your minor dependents to use this website.

You must not use our products for any illegal or unauthorized purpose and you must not use the Service in breach of any applicable laws in your country (including but not limited to copyright laws).

You must not transmit any worms or viruses or other code of a destructive nature.

Violation of any of the Terms will result in immediate termination of your Services.

 

SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service at any time and for any reason.

You understand that your Content (other than credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted 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 our express written permission.

The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION.

We are not responsible if the information provided on this website is not accurate, complete or up to date. The material on this website is for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information is necessarily not current and is provided for your information only. We reserve the right to change the content of this website at any time, but we are under no obligation to update the information on our website. You agree that it is your responsibility to keep track of any changes to our website.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable).

Certain products or services may only be available online through the Site. These products or services may be available only in limited quantities and may be returned or exchanged only in accordance with our return policy.

We have made every effort to represent as accurately as possible the colors and images of our products that appear in our store. However, we cannot guarantee that the colors will display correctly on your computer screen.

We reserve the right, but have no obligation, to limit the sale of our products or services to any particular person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.

We do not warrant that the quality of any product, service, information or other material purchased or received by you will meet your expectations or that any errors in the service will be corrected.

 

SECTION 6 - ACCURACY OF 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 limits may also apply to orders placed from or under the same customer account or credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you via the email address and/or billing address/phone number provided with the order. We reserve the right to restrict 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 in our store. You agree to promptly update your account and other information, including your email address, credit card number and expiration date, so that we may complete your transactions and contact you as needed.

 

For more details, please see our Return Policy.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third party tools that we do not monitor, control or have any influence over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions and without any endorsement. We assume no liability arising out of or related to your use of any Optional Third Party Tools.

Any use of optional tools offered through the Website is at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which the tools are made available by the relevant third party providers.

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Use.

 

SECTION 8 - THIRD-PARTY LINKS.

Certain content, products and services available through our Service may contain materials from third parties.

Third party links on this Website may take you to third party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy thereof, and we assume no liability or responsibility for any third-party materials or websites or for any other third-party materials, products or services.

We are not liable for any damages in connection with the purchase or use of any goods, services, resources, content or other transactions made in connection with any Third Party Sites. Please read the third party's policies and practices carefully and make sure you understand them before making any transaction. Complaints, claims, concerns, or questions about third-party products should be directed to the applicable provider.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS.

If you submit specific submissions (e.g., contest entries) in response to our solicitation or submit creative ideas, suggestions, proposals, plans or other materials online, by email, by mail or otherwise (collectively, "Comments") without our solicitation, you agree that we may edit, copy, publish, distribute, translate and otherwise use any Comments you submit in any medium at any time without restriction. We are under no obligation to (1) keep any Comments confidential, (2) pay any compensation for any Comments, or (3) respond to any Comments.

We may, but have no obligation to, monitor, edit or remove any Content that we determine in our sole discretion is unlawful, abusive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or infringes any party's intellectual property or these Terms of Use.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personal or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material, or computer viruses or other malware that may interfere in any way with the operation of the Service or any related website. You must not use false email addresses, impersonate anyone else or mislead us or any third party as to the origin of any comments. You are solely responsible for all comments you make and their accuracy. We accept no responsibility or liability for any Comments posted by you or any third party.

 

SECTION 10 - PERSONAL INFORMATION

The submission of your personal information via the Store is subject to our Privacy Policy. To view our privacy policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our Website or Service may contain typographical errors, inaccuracies or omissions, which may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you have placed your order).

We are under no obligation to update, change or clarify any information on the Service or on any related website, including, but not limited to, pricing information, except as required by law. No update or refresh date stated on the Service or on any related website should be construed as an indication that all information on the Service or on any related website has been changed or updated.

 

SECTION 12 - PROHIBITED USES.

In addition to any other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its contents: (a) for any unlawful purpose; (b) to solicit or engage in any unlawful activity; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) transmit false or misleading information; (g) upload or transmit any viruses or any other type of malicious code that in any way interferes or may interfere with the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharming, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to compromise 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 if you violate any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

We do not warrant, represent or guarantee that use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that we may remove the Service from time to time indefinitely or discontinue the Service at any time without notice.

You expressly agree that your use of or inability to use the Service is at your own risk. The Service and all products and services made available to you through the Service are provided (except as expressly stated by us) "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Babeflips LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of the use of the Service or any products procured through the Service, or for any other claim related in any way to the use of the Service or any product, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or products) posted, transmitted or otherwise made available through the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Babeflips LLC 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 reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nevertheless remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use, and such determination shall not affect the validity and enforceability of the remaining provisions.

 

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the Termination Date shall survive the termination of this Agreement for all purposes.

These Terms of Use will continue until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or if you discontinue using our website.

If, in our sole discretion, you fail or we suspect that you are failing to comply with any term or provision of these Terms of Use, we may also terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date; and/or we may accordingly deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this Site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party drafting the text.

 

SECTION 18 - GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE.

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on 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 changes to these Terms of Use constitutes your acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION

Questions regarding the Terms of Service should be directed to contact@babeflips.com.