BIANCA PRODUCTIONS™ LLC Website
Terms of Use and Notices
Last Updated: February, 2006
1. THIS IS AN AGREEMENT BETWEEN YOU AND BIANCA PRODUCTIONS™
This is an agreement ("Agreement") between you and Bianca Productions LLC (or, if applicable based on where you live, one of its affiliates) ("Bianca Productions™"). This Agreement governs your use of any Web site or Web page operated by Bianca Productions (each, a "BIANCA PRODUCTIONS™ Web Site," and collectively, the "BIANCA PRODUCTIONS Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
BIANCA PRODUCTIONS OFFERS THE BIANCA PRODUCTIONS WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE BIANCA PRODUCTIONS™ WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW BIANCA PRODUCTIONS™ MAY MODIFY THIS AGREEMENT
Bianca Productions reserves the right to change the terms, conditions, and notices under which it offers the BIANCA PRODUCTIONS™ Web Sites, including any charges associated with the use of the BIANCA PRODUCTIONS™ Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any BIANCA PRODUCTIONS™ Web Site. Your continued use of the BIANCA PRODUCTIONS™ Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any BIANCA PRODUCTIONS™ Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that BIANCA PRODUCTIONS Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a BIANCA PRODUCTIONS Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE BIANCA PRODUCTIONS WEB SITES
The BIANCA PRODUCTIONS Web Sites are only for your personal use. You will not use the BIANCA PRODUCTIONS™ Web Sites for commercial purposes. You will not use the BIANCA PRODUCTIONS™ Web Sites in any way that is unlawful, or harms Bianca Productions, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Bianca Productions Party" and collectively, the "Bianca Productions Parties") or any customer of a Bianca Productions Party, as determined in Bianca Productions' sole discretion. Bianca Productions™ may tell you about certain specific harmful uses in a code of conduct or other notices available through a BIANCA PRODUCTIONS Web Site, but has no obligation to do so. You may not use the BIANCA PRODUCTIONS™ Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the BIANCA PRODUCTIONS™ Web Sites. Without limiting the generality of this section, you may not use the BIANCA PRODUCTIONS™ Web Sites in any manner that could damage, disable, overburden, or impair any BIANCA PRODUCTIONS Web Site (or the network(s) connected to any BIANCA PRODUCTIONS™ Web Site) or interfere with any other party's use and enjoyment of the BIANCA PRODUCTIONS™ Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the BIANCA PRODUCTIONS™ Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Bianca Productions may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the BIANCA PRODUCTIONS™ Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the BIANCA PRODUCTIONS Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. BIANCA PRODUCTIONS™ MAKES NO WARRANTY
BIANCA PRODUCTIONS PROVIDES THE BIANCA PRODUCTIONS WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BIANCA PRODUCTIONS PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE BIANCA PRODUCTIONS PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE BIANCA PRODUCTIONS WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
7. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY BIANCA PRODUCTIONS PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE BIANCA PRODUCTIONS WEB SITES, EVEN IF SUCH BIANCA PRODUCTIONS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE BIANCA PRODUCTIONS WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY BIANCA PRODUCTIONS PARTY WITH RESPECT TO THIS AGREEMENT OR THE BIANCA PRODUCTIONS WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BIANCA PRODUCTIONS WEB SITES.
8. CHANGES TO THE BIANCA PRODUCTIONS WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE BIANCA PRODUCTIONS PARTIES MAY CHANGE THE BIANCA PRODUCTIONS WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the BIANCA PRODUCTIONS Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Bianca Productions and persons other than Bianca Productions (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE BIANCA PRODUCTIONS PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT BIANCA PRODUCTIONS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE BIANCA PRODUCTIONS WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE BIANCA PRODUCTIONS WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE BIANCA PRODUCTIONS WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE BIANCA PRODUCTIONS WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
9. TERMINATION; ACCESS RESTRICTION
Bianca Productions may terminate this Agreement, or terminate or suspend your access to the BIANCA PRODUCTIONS Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the BIANCA PRODUCTIONS Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE BIANCA PRODUCTIONS WEB SITES MAY NOT BE RETRIEVED LATER.
10. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Bianca Productions Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Texas, without reference to conflict of laws principles. If this Agreement is with a Bianca Productions affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Bianca Productions affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject BIANCA PRODUCTIONS Web Sites are directed. If this Agreement is with Bianca Productions Corporation, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Bexar County, Texas, USA in all disputes arising out of or relating to the use of the BIANCA PRODUCTIONS Web Sites. If this Agreement is with a Bianca Productions affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Bianca Productions affiliate in all disputes arising out of or relating to the use of the BIANCA PRODUCTIONS Web Sites.
11. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Bianca Productions may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the BIANCA PRODUCTIONS Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Bianca Productions with respect to the BIANCA PRODUCTIONS Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bianca Productions with respect to the BIANCA PRODUCTIONS Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
12. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND BIANCA PRODUCTIONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BIANCA PRODUCTIONS WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the BIANCA PRODUCTIONS Web Sites are Copyright © 2005 Bianca Productions LLC and/or its suppliers, 24165 IH-10 West, Suite 217-474, San Antonio, Texas 78257 U.S.A. All rights reserved. Bianca Productions, BIANCA PRODUCTIONS, BIANCA PRODUCTIONS logo, and/or other Bianca Productions products and services referenced herein may also be either trademarks or registered trademarks of Bianca Productions in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
14. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT RETURN POLICY
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
15. RETURN POLICY
7 day return policy:
A full refund of purchased product, or an equal exchange, will be issued for any damaged (due to shipping), and unopened product that was purchased from Bianca Productions LLC dba: Living Life Publishing Co., directly from our websites. Shipping costs will be refunded.
Customers must either call our Customer Service Line at: 210-698-6392 or e-mail us at: Sales@LivingLifePublishing.com for receipt of a “Return Authorization Code” to insure a proper refund. The return authorization code must be received within 7 days from receipt of the product and shipped back within 7 days from receipt of the return authorization code. Time lapse from date of receipt of product to post marked return of product is not to exceed 14 calendar days. Any product returned following this allotted time will incur a 25% restocking fee and will not be eligible for a refund of shipping costs.
When returning the product, please pack the product in its original box, with a copy of your receipt, with the “Return Authorization Code” marked on the label and return to:
Living Life Publishing Co.
c/o Smart Mail of Austin, Inc.
2200 Tillery St.
Austin, Texas 78723
Attn: Marks Gillham/Lorraine Bowman
“Return Authorization Code”___________
NO PACKAGE WILL BE ACCEPTED WITHOUT A “RETURN AUTHORIZATION CODE” ON LABEL.
16. SHIPPING FEE/POLICY
Set at a flat, low rate with an estimated shipping time of 3-5 business days.
