Terms of Service

 

Effective date: December 5,2019

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://bettilousblog.com website (the “Blog”) operated by Elizabeth Hamilton (dba Bettilou’s Blog).

Your access to the Blog, and your use of it, means that you accept and comply with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Blog.

By accessing or using the Blog, you agree that these Terms bind you. If you disagree with any part of the Terms, you do not have permission to access the Blog.

Product Purchases

If you decide to purchase any product or service available on the Blog (“Purchase”), you may be asked to supply certain relevant information including, without limitation, your credit card number and expiration date. You represent and warrant that: (a) you have a legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (b) all information you supply to me is true, correct, and complete.

The Blog may use third party services to facilitate payment and completion of Purchases. By submitting your information, you give me the right to provide the information to these third parties subject to my Privacy Policy.

I reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, an error in your order, or other reasons. I reserve the right to refuse or cancel your order if I suspect fraud or an unauthorized or illegal transaction.

Refunds

Please refer to my Refund Policy for information about refunds.

Availability, Errors and Inaccuracies

I constantly update products and services offered on the Blog. I may experience delays in updating information on the Blog and in my advertising on other websites. The information found on the Blog may contain errors or inaccuracies, and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Blog, and I cannot guarantee the accuracy or completeness of any information found on the Blog.

Therefore, I reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests and Promotions

Any contests or promotions (collectively, “Promotions”) the Blog offers may be governed by rules separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as my Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

Content

The Blog allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Blog, including its legality, reliability, and appropriateness.

By posting Content on or through the Blog, you represent and warrant that: (a) the Content is yours (you own it) and/or you have the right to use it and the right to grant me the rights and license as provided in these Terms, and (b) that the posting of your Content on or through the Blog does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. I reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain all of your rights to any Content you submit, post or display on or through the Blog, and you are responsible for protecting those rights. I take no responsibility and assume no liability for Content you or any third party posts on or through the Blog. However, by posting Content using the Blog, you grant me the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Blog. You agree that this license includes the right for me to make your Content available to other users of the Blog, who also may use your Content subject to these Terms.

Bettilou’s Blog has the right, but not the obligation, to monitor and edit all Content provided by users. In addition, Content found on or through the Blog is the property of Bettilou’s Blog or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from me.

Accounts

When you create an account with me, you guarantee that you are above the age of 18, and that the information you provide to me is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account and password including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with the Blog or a third-party service. You must notify me immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. I reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in my sole discretion.

Copyright Policy

I respect the intellectual property rights of others, and expect others to respect mine as well. It is my policy to respond to any claim that Content posted on the Blog infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@bettilousblog.com, with the subject line: “Copyright Infringement.” In your claim, include a detailed description of the alleged Infringement as detailed under “DMCA Notice and Procedure for Copyright Infringement Claims” below.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Blog on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may send me a notification that conforms to the Digital Millennium Copyright Act (DMCA) by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work you claim was infringed, including the URL (i.e., web page address) where you saw the copyrighted work or a copy of the work itself;
  • identification of the URL or other specific location on the Blog where the material you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Intellectual Property

The Blog and its original content (excluding user-provided Content), features, and functionality are and will remain the exclusive property of Bettilou’s Blog. The Blog is protected by copyright and other laws of both the United States and foreign countries.

Links to Other Websites

The Blog may contain links to third party websites or services that Bettilou’s Blog does not own or control. Bettilou’s Blog has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. I do not warrant what any of these entities/individuals offer or their websites.

You acknowledge and agree that Bettilou’s Blog shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third party websites or services.

Termination

I may terminate or suspend your account and bar access to the Blog immediately, without prior notice or liability, under my sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Blog.

All provisions of the Terms that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Bettilou’s Blog, its licensee and licensors, as well as all employees, contractors, agents, officers, and directors, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Blog, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Blog.

Limitation of Liability

In no event shall Bettilou’s Blog, Elizabeth Hamilton, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Blog; (b) any conduct or content of any third party on the Blog; (c) any content obtained from the Blog; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not I have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Blog is at your sole risk. The Blog is provided on an “AS IS” and “AS AVAILABLE” basis. I provide the Blog without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Bettilou’s Blog, its subsidiaries, affiliates, and its licensors do not warrant that a) the Blog will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Blog is free of viruses or other harmful components; or d) the results of using the Blog will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

My failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Blog, and supersede and replace any prior agreements we might have had between us regarding the Blog.

Changes

I reserve the right, at my sole discretion, to modify or replace these Terms at any time. If a revision is material, I will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at my sole discretion.

By continuing to access or use the Blog after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Blog.

Contact Me

If you have any questions about these Terms, please contact me at support@bettilousblog.com.