Terms of Use
This website is operated by Bal Harbour Shops, LLP. These Terms of Use govern your access to and use of any Bal Harbour Shops websites, any mobile applications we provide, and through other related services we may offer (collectively, the “Services”) whether accessed via computer, mobile device or otherwise, including any electronic content, functionality, features and applications (collectively, “Materials”) offered on or through the Services to you as a guest or registered user (including browsers, vendors, customers, merchants, and content contributors).
Agreement
Please read our Terms of Use and our Privacy Policy before using our Services. By using the Services, you agree to be bound and abide by our posted Terms of Use and Privacy Policy. If you do not agree to the terms therein, or if you violate them in any way, your right to access or use the Services is terminated. We reserve the right, in our sole discretion, to modify, alter or otherwise update our terms from time-to-time in our discretion, and by using the Services afterwards, you agree to the updates. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the eligibility requirements in these terms. Please see Sections 11-14 below regarding your legal rights in any dispute involving our Services.
Your Responsibilities
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of individuals or businesses that are expressly authorized to create accounts on behalf of their employers or customers, we prohibit the creation of and you agree that you will not create an account for anyone other than yourself. All information you provide upon registering an account, during a purchase and at all other times must be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password for the Services (if any) secret and secure. You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that we are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Please exercise common sense and your best judgment when interacting with others, including when you submit or post User Content (described below) or any personal or other information.
Prohibited Actions
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Services to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Materials , or retrieve or record information about the Services or its users; (d) merge the Services or Materials with another program or create derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) use, or allow the use of, the Services or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Services. Except as expressly provided herein, we and our third party licensors reserve all rights with respect to the Services, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations; (i) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; or (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation. You may not access or use the Services by means of any automated program, expert system, electronic agent or “bot,” and shall not give any other person or entity unauthorized access to the Services. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Services if you do so for commercial purposes.Privacy
Personal information collected by us in connection with the Services will be maintained in accordance with our posted Privacy Policy, which is incorporated by reference herein.
User Content
The Services we provide may contain product reviews, forums and other features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) information, images, links and other content or materials (collectively, “User Content”) on or through the Services. You represent and warrant that: (a) all of your User Content do and will comply with these Terms of Use; (b) you own or control all rights to the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (c) You will pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Services; (d) You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not us, have fully responsibility for such materials, including its legality, reliability, accuracy, and appropriateness; and (e) we are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Services. We are not a backup service and you agree that you will not rely on the Services for the purposes of storing User Content. We will not be liable to you or third-party beneficiaries for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.
You hereby grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties the User Content that you post through the Services or otherwise provide to us, subject to our Privacy Policy. User Content will be considered non-confidential and non-proprietary. Furthermore, our Services may be subject to a compromise of security and the submission of User Content or other information you provide may not be secure. It is in our sole discretion to share, reproduce, publish, or post through the Services any User Content submitted by you or on your behalf.
We do not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If you choose to send us content, information, ideas, suggestions, or other materials, you agree that we are free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Reporting Copyright Infringement And Other Violations with respect to the Services We respect the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or these Terms of Use. For allegations of copyright infringement, please follow the instructions below; otherwis
