Bear Camp - PX Kids Clothing
TERMS OF USE last modified 12/14/18
Welcome to the Bear Camp - PX Kids Clothing website, www.BearCampClothing.com and the mobile versions of this website (the “Sites”) operated by Bear Camp - PX Kids Clothing (“BCPK”, “us”, “we”, “our”), a Hard Edge company. The Sites are provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the "Agreement").
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Sites. If you do not agree to these terms, please do not use the Sites.
The Site is controlled and operated by BCPK from the United States, and is not intended to subject BCPK to the laws or jurisdiction of any state, country or territory other than that of the United States. BCPK does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States
Site Contents
Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Eliott Khodari LLC acting for Bear Camp Clothing.
BCPK grants you a limited license to access and make personal use of the Sites and the Contents for NONCOMMERCIAL PURPOSES ONLY. You may download, print, and copy the Contents and other downloadable materials displayed on the Sites for your personal use only, providedd that you do not modify or alter the Contents in any way, or violate these Terms & Conditions in any way. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended to promote BCPK’s products and services available in the United States. The Sites are controlled and operated by BCPK from its offices in Commerce, California.
Personal Information Submitted Through the Sites
Your submission of Personal information through BCPK’s Sites is governed by our Privacy Policy, which can be reached by clicking on the “Privacy Policy” link located in the footer on each page of our Sites. This Agreement specifically incorporates the terms and conditions of the Privacy Policy by reference herein.
User Comments, Feedback, and Other Submissions
BCPK welcomes your comments regarding our products and services. However, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If you send such submissions without a prior request from us to do so, they will not be considered.
If you elect to provide us with customer reviews or photographs involving BCPK’s products (“User Content”), you agree that BCPK is free to publish, distribute, translate, or otherwise use in any medium the User Content you have provided, and that BCPK is under no obligation to maintain customer reviews or customer-provided images in confidence or to pay compensation for the use of any such voluntarily provided reviews or images. For any such User Content you submit, you grant to BCPK a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. In addition, you grant to BCPK the right to include the name provided along with the User Content submitted by you; provided, however, BCPK shall have no obligation to include such name with such User Content. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.
You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or be imbedded (if submitted on our website) with any computer virus or other malware that could in any way affect the operation of the Sites. You may not mislead BCPK as to the origin of any User Content (i.e., by pretending to be someone else).
BCPK takes no responsibility and assumes no liability for any User Content posted on our Sites or otherwise provided by you or any third party that has posted content on our Sites (content that may be inaccurate, misleading, or deceptive).
Copyright Complaints
BCPK respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide us with the written information specified below:
- Your address, telephone number, and e-mail 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 description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- 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.
BCPK’s Copyright Agent for notice of claims of copyright infringement on the BCPK Sites can be reached as follows:
Copyright Compliance
Bear Camp - PX Kids Clothing
6817 East Acco St
Commerce, CA 90040
Phone: (323) 888-6700 ext. 204
Fax: (323) 888-0400
Errors or Inaccuracies
BCPK makes a conscientious effort to describe and display its products and services on its Sites. Despite these efforts, from time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, promotions, pricing, shipping speed or costs, and product availability. We reserve the right to correct any such errors or inaccuracies without prior notice (including after you have submitted your order).
Further, please note that while we have made every effort to display as accurately as possible the clothing that is sold on our Sites, we cannot guarantee that your monitor or smartphone’s display of any item will be accurate, depending on settings or other limitations.
Disclaimer and Limitation on Liability
Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. IN NO EVENT SHALL BCPK OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITES.
Please note: because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Indemnification
You agree to defend, indemnify and hold BCPK harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any choice of law principles.