TERM AND CONDITIONS OF USE
Thank you for visiting www.BHLDN.com. We have prepared these Terms and Conditions (the “Terms”) to ensure that you understand your rights and obligations and your experience on our website is one you'll want to repeat again and again. BHLDN.com LLC (“BHLDN”) provides this site (the “Website”) as a service to its customers. Please review the following Terms that govern your use of the Website. Please note that your use of the Website constitutes your agreement to follow and be legally bound by these Terms. If you do not agree to these Terms, please do not use the Website. Although you may "bookmark" a particular portion of the Website and thereby bypass these Terms, your continued use of the Website indicates your continued acceptance of these Terms and your acknowledgement that you are still bound to the Terms. Since BHLDN may revise these Terms at any time, including as new features are added to the Website or as Internet law and standards evolve, you should visit this page periodically to review the Terms that govern your use of the Website. Should you have any questions concerning these Terms of any of our policies, please contact us at support@BHLDN.com.
Legal Information / Use of the Website
The Website is owned and operated by BHLDN whose mailing address is 5000 South Broad St, Building 15, Philadelphia, PA 19112.
Unless otherwise noted, all content posted on the Website is:
Copyright ©2011 BHLDN.com LLC
If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, please follow the DMCA notice and take-down procedure described below.
All design and content featured on the Website, including navigational buttons and images, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned, controlled, or licensed by BHLDN.
BHLDN is a trademark of BHLDN.com LLC.
The Website in its entirety is protected by applicable copyright, trademark and trade dress laws. All worldwide rights, titles, and interests are reserved by BHLDN.
The contents of the Website and the Website as a whole are intended solely for your personal, noncommercial use. Any use of the Website and/or any of the content posted on the Website for any purpose other than personal and noncommercial is prohibited without the express prior written permission of BHLDN. Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the Website for any commercial purpose. BHLDN grants a limited, non-exclusive, restricted, non-transferable, non- sublicenseable, revocable license allowing you to download or electronically copy and print any of the content displayed on the Website for your personal, noncommercial use only. All other rights are reserved to BHLDN.
You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.
Limitation of Liability
Given the unpredictability of technology and the online environment, BHLDN does not warrant that the function or operation of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of the Website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website. As a visitor to and a user of the Website, you agree that your access will be subject to the Terms set forth and that access is undertaken at your own risk. BHLDN shall not be liable for damages of any kind related to your use of or inability to access the Website. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
BHLDN SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)
BHLDN MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” BHLDN MAKES NO WARRANTY OF NONINFRINGEMENT. BHLDN ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE WEBSITE.
We endeavor to present the most recent, most accurate, and most reliable information on the Website at all times. However, there may be occasions when some of the information featured on the Website may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a BHLDN product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, BHLDN shall have the right to refuse or cancel any orders placed for product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BHLDN shall issue a credit to your credit card account in the amount of the incorrect price.
At BHLDN, we go out of our way to select the kind of distinctive merchandise for which the BHLDN brand is recognized. Please understand that many of the items featured on the Website are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Website again. When an item featured on the Website is no longer in stock, we make every attempt to remove that item from the Website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us at 888.94.BHLDN or by e-mail at from 7am through 12am EST.
We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.
You shall indemnify, defend, and hold harmless BHLDN, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against any and all liabilities, claims, demands, claims, disputes, losses, expenses, damages and costs of any kind, including without limitation reasonable attorneys' fees and costs, made by any third party and resulting from or in any way connected with your use of the Website and/or any breach of your representations and warranties, including relating to any User Content that you post on the Website, and/or any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.
Although we will make every effort to respond quickly to applicable e-mail messages, BHLDN.com is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding the Website, our merchandise and our services, please do not send any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to BHLDN shall become and remain the property of BHLDN, except as set forth below. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
Notwithstanding any other provision contained in these Terms, in the event that the performance of any obligation of BHLDN is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of BHLDN, then BHLDN shall not be responsible to you for any failure or delay in the performance of its obligations. The terms of this clause shall not exempt, but merely suspend, BHLDN from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
You may not assign your rights or obligations under this Agreement without the prior express written consent of BHLDN.
Non-commercial Use by Members of My B H L D N.
You may become a member (“Member” or “Members”) of My B H L D N, a special area of the Website that we have created for your personal use and enjoyment. Because My B H L D N is a highly interactive part o f the Website, certain additional rules may apply, depending on how you choose to use your membership. None of the content posted on My B H L D N may be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BHLDN in writing. Any illegal and/or unauthorized use of My B H L D N, including collecting usernames and/or e-mail addresses of other Members by electronic or other means for the purpose of sending unsolicited e-mail is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of My B H L D N.
Additional Rules Governing Content Posted & Conduct on My B H L D N
BHLDN does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, other works of authorship, or any other materials (collectively, “Member Content”) that you post to My B H L D N. After posting your Member Content to My B H L D N, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By displaying or posting any Member Content on or through My B H L D N, you hereby grant to BHLDN an irrevocable, fully-paid and royalty-free, non-exclusive, sublicenseable, limited license to modify, publicly perform, publicly display, reproduce, distribute, transmit and otherwise use such Member Content solely on and through My B H L D N and the Website.
The license you grant to BHLDN is non-exclusive (meaning you are free to license your Member Content to anyone else in addition to BHLDN), fully-paid and royalty-free (meaning that BHLDN is not required to pay you for the use of the Member Content that you post), sublicenseable (so that BHLDN’s affiliates and subcontractors such as Internet content delivery networks are able to provide My B H L D N), and worldwide (because the Internet, the Website and My B H L D N are global in reach). This license will terminate at the time you remove your Member Content from My B H L D N except as to any Member Content that BHLDN has sublicensed prior to your removal of your Member Content from My B H L D N. The license does not grant to BHLDN the right to sell your Member Content, nor does the license grant to BHLDN the right to distribute your Member Content other than on My B H L D N and the Website.
You represent and warrant that: (i) you own the Member Content posted by you on or through My B H L D N or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Member Content on or through My B H L D N does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to be responsible for compensation of any and all royalties, fees, and any other monies owing to any person or entity by reason of any Member Content posted by you to or through My B H L D N.
Content posted by BHLDN on My B H L D N and on the Website (“BHLDN Content’) is protected by copyright, trademark, patent, trade secret and other laws, and BHLDN owns and retains all rights in BHLDN Content and in My B H L D N. BHLDN hereby grants to you a limited, revocable, non-sublicenseable, royalty-free license to reproduce and display BHLDN Content (excluding any software code) solely for your personal use in connection with viewing the Website and using My B H L D N.
My B H L D N and the Website contain Member Content, BHLDN Content and content licensed by BHLDN from third parties (“Licensed Content”). You may not copy, modify, translate, publish, broadcast, transmit, distribute, publicly perform, publicly display, or sell any BHLDN Content or Licensed Content appearing on or through My B H L D N or the Website.
BHLDN may [edit and/or ]delete any Member Content posted on the Website that, in the sole judgment and discretion of BHLDN, is undesirable, violates these Terms and/or the purposes of My B H L D N or the Website and/or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or entity. BHLDN assumes no responsibility for monitoring My B H L D N or the Website for inappropriate Member Content or conduct. If at any time BHLDN chooses, in its sole discretion, to monitor My B H L D N or the Website, BHLDN nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the User submitting any such Member Content.
You are solely responsible for the Member Content that you post on or through My B H L D N, and any material or information that you transmit to other Members of My D H L D N or users of the Website and for your interactions with other Members. BHLDN does not endorse and has no control over any Member Content. Member Content is not necessarily reviewed by BHLDN prior to posting and does not necessarily reflect the opinions or policies of BHLDN. BHLDN makes no warranties, express or implied, as to the Member Content or to the accuracy and reliability of the Member Content or any material or information that you or other Members transmit to each other.
The following is a partial list of the kind of Member Content that is illegal and/or prohibited to post on or through My B H L D N. BHLDN reserves the right to investigate and take appropriate legal action against anyone who, in BHLDN’s sole discretion, violates this provision, including without limitation, removing the offending communication from My B H L D N and terminating the membership of such violators. Prohibited Member Content includes, but is not limited to Member Content that, in the sole discretion of BHLDN:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- criticizes any business or individual
- harasses or advocates harassment of another person or entity;
- exploits any person in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone [under 18];
- promotes information that the Member knows is false or misleading and/or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s or entity’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Members of My B H L D N or users of the Website;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
- includes a photograph of another person that you have posted without that person’s consent.
Certain activities as set forth below are prohibited on My B H L D N and the Website. BHLDN reserves the right to investigate and take appropriate legal action against anyone who, in BHLDN’s sole discretion, violates this provision, including without limitation, reporting violators to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal activity, including, but not limited to, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on My B H L D N, the Website or the networks or services connected to My B H L D N and/or the Website;
- attempting to impersonate another Member, user of the Website or any other person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile, without permission from BHLDN;
- using any information obtained from My B H L D N or the Website in order to harass, abuse, or harm any person or entity;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person or entity in exchange for your performing any commercial activity on or through My B H L D N or the Website on behalf of that person or entity, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
- using My B H L D N or the Website in a manner that is inconsistent with any and all applicable laws and regulations.
Copyright Policy for My B H L D N and the Website
You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. It is the policy of BHLDN to terminate the privileges of any Member or user of the Website who infringes the copyright rights of others upon receipt of prompt notification to BHLDN by the copyright owner or the copyright owner’s legal agent.
DMCA Notice & Take-down Procedure
Without limiting the foregoing, if you believe that your work has been copied and posted on My B H L D N or the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on My B H L D N;
(iv) your address, telephone number, and e-mail address;
(v) a written 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;
(vi) 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.
BHLDN’s Copyright Agent for notice of claims of copyright infringement is Jenn Hoch who can be reached as follows: by e-mail at , by telephone at (215) 454-5500, by fax at (215) 454-8789 and by mail at 5000 South Broad Street Philadelphia, PA 19134.
Member Disputes. You are solely responsible for your interactions with other Members of B H L D N and other users of the Website. BHLDN reserves the right, but has no obligation, to monitor disputes between you and other Members or other users of the Website.
Disclaimers. BHLDN is not responsible for any incorrect or inaccurate Content posted on My B H L D N or the Website or in connection with My B H L D N, whether caused by Members of My B H L D N or by any of the equipment or programming associated with or utilized in My B H L D N. Profiles created and posted by Members on the Website may contain links to other websites. BHLDN is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by B H L D N. Inclusion of any linked website on My B H L D N does not imply approval or endorsement of the linked website by B H L D N. When you access these third-party sites, you do so at your own risk. BHLDN takes no responsibility for third party advertisements which are posted on this B H L D N Website or through My B H L D N, nor does it take any responsibility for the goods or services provided by its advertisers. BHLDN is not responsible for the conduct, whether online or offline, of any Member of My B H L D N or user of the Website. B H L D N assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. BHLDN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of My B H L D N or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with My B H L D N. Under no circumstances shall BHLDN be responsible for any loss or damage, including personal injury or death, resulting from use of My B H L D N, attendance at a B H L D N event, from any content posted on or through My B H L D N, or from the conduct of any Users of My B H L D N, whether online or offline. My B H L D N are provided “AS-IS” and as available and B H L D N expressly disclaims any warranty of fitness for a particular purpose or non-infringement. B H L D N cannot guarantee and does not promise any specific results from use of My B H L D N.
Limitation on Liability.
IN NO EVENT SHALL BHLDN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BHLDN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BHLDN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BHLDN FOR PRODUCTS OR SERVICES PTOVIDED BY MY B H L D N.
Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and to provide only acceptable Member Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Disputes with BHLDN.
If there is any dispute about or involving My B H L D N or the Website, you agree that the dispute shall be governed by the laws of the United States, including U.S. copyright and trademark laws, and with the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to conflict of law or choice of law provisions and you agree to the exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Pennsylvania, City of Philadelphia]. Either BHLDN or you may demand that any dispute between BHLDN and you about or involving the Website must be settled by arbitration utilizing a single arbitrator and the dispute resolution procedures of the American Arbitration Association (AAA) in Philadelphia, PA, USA, provided that the foregoing shall not prevent BHLDN from seeking injunctive relief in a court of competent jurisdiction.
Your membership and use of My B H L D N and your use of the Website constitute your acceptance of these Terms, and your continued membership and use confirm that acceptance.
These Terms constitutes the entire agreement between you and BHLDN regarding the use of the My B H L D N and the Website.
Any failure of BHLDN to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms shall operate to the fullest extent permissible by law.
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you acknowledge and agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Violations of Terms.
Please report any violations of these Terms to us by e-mailing us at .
Effective date: February 14, 2011