Terms and Conditions
Last updated: March 21, 2021
Copyright and Ownership
The websites (NikkiWoolfolk.com and BelleMondeChocolates.com) are owned and operated by Nikki Woolfolk. All content featured, displayed, or offered for sale on the Websites, including but not limited to graphics, book covers, book content, recipes, text, and any other content (“Content”) is owned by Nikki Woolfolk.
All elements of the Websites, including, but not limited to, general design and content, are protected by trademark, copyright, and other laws relating to intellectual property rights. The websites may only be used for the intended purpose the websites were made available. Except as may be otherwise indicated in specific documents within the websites, you are permissioned to view, play, print and download specific pdfs for your own personal use. Sharing, copy and pasting, rewriting the websites material, modifying materials, copy, distribute, display, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the websites.
You are responsible for obtaining permission before reusing any copyrighted material that is available on the websites. The websites, its content and all related rights shall remain exclusive property of Nikki Woolfolk and Belle Monde Chocolates, LLC. You will not remove any copyright, trademark or other proprietary notices from material found on the websites.
Identifications and Trademarks
All trademarks, service marks, trade names of Nikki Woolfolk and Belle Monde Chocolates used herein are trademarks or registered trademarks of Nikki Woolfolk, Belle Monde Chocolates. You may not use, copy, distribute, reproduce, distribute, upload, post, transmit or modify Nikki Woolfolk or Belle Monde Chocolates in any way, including advertising or publically pertaining to distribution of materials on the websites, without Nikki Woolfolk’s written consent. The use of Nikki Woolfolk or Belle Monde Chocolates trademarks on any other website or network computer environment is not allowed.
For all charges for any products and services sold on the websites, Nikki Woolfolk will bill your credit card or through an alternate payment method. When you provide credit card information to us or our vendors, you represent to us that you are the permissionsized user of the credit card that is to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Nikki Woolfolk, Belle Monde Chocolates, for expenses incurred to recover sums due, including attorney’s fees and other legal expenses. You are responsible for purchases of, and payment of charges for all Internet access services and telecommunications services need for use of the websites.
Account Registration and Security
If you decide to register as a member (including the VIP Bittersweet Army) of the website you may receive or establish one user name, password, and account. In consideration of the use of your registration you will: provide true and accurate, current and complete information about yourself as promoted by the applicable registration form. If Nikki Woolfolk, Belle Monde Chocolates, has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or not current, Nikki Woolfolk, Belle Monde Chocolates, has the right to suspend or terminate your account and refuse any and all current or future use of the websites.
You are responsible for the security and confidentiality of your password and account.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or if you haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
The Service is provided to You; and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if we have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: info@NikkiWoolfolk.com