Effective: January 27, 2020
BZR, Inc. (“BZR”) provides an online retail platform and related services (collectively, “Services”) subject to these Terms of Service “(Terms”). The Services include a number of online stores for individual brands (“Stores”) and may be made available through the website currently at www.shopbzr.com and through any optimized version of the website via a wireless device or via mobile applications that we make available. Terms such as “we,” “our” and “us” refer to BZR.
BZR reserves the right to change and update these Terms at any time and such changes will be communicated within the Services or via e-mail. By continuing to use the Services after these Terms are updated, you agree to such updated version of the Terms.
The Services are offered and available to users who are 18 years of age or older and reside in the United States. By using the Services, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Services.
Availability; Product Descriptions
The Services are operated from within the United States and intended for use by users in the United States. Any use of the Services is at your own risk and you must comply with all applicable laws, rules and regulations in doing so.
BZR makes no representation that the information or products described through the Services are available, appropriate for any particular use, accurate, complete, reliable, current or error-free. If any product offered through the Services is not as described, your sole remedy is to return such product in unused condition.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. It is your responsibility to change your password immediately if you feel your security has been compromised. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
If you wish to purchase products or services offered through the Services, this or any other financial transaction through the Services are referred to as “transactions.” You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when the charges are incurred, including all shipping and handling charges (if any). In addition, you are responsible for any taxes applicable to your transaction.
The pricing and availability of products and services within the Services are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card or other payment mechanism charged.
In order to make a purchase using the Services you may be asked to supply your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. We will charge your payment method at the time that you place the order.
You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with the Services and that you have all authority necessary to purchase a subscription using the credit card or payment mechanism that you submit. By submitting such information, you grant BZR, the right to provide such information to third parties for the purposes of facilitating your purchase. You acknowledge and agree that BZR is not responsible for how any third party credit card or other payment method processor transmits, stores, uses or shares your information.
All orders placed through the Services are subject to our acceptance, which is in our sole discretion. Your submission of an order is an “offer,” which we may “accept.” Without limitation, we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. If your payment card has already been charged for an order that is subsequently cancelled, we will post a refund in the same form of payment originally used for purchase. Your full refund is your sole and exclusive remedy for an order cancelled by us.
Returns are subject to the return policies of the individual Stores within the Services. For questions about returns, please contact customer service at firstname.lastname@example.org.
When you use the Services, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable right to access and use the Services, solely and strictly in accordance with these Terms. You understand and agree that the Services are provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Services under these Terms.
We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. BZR does not make any representations or guarantees regarding uptime or availability of the Services.
We may block, limit or terminate your access to the Services for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of the Services; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.
You shall not use the Services for any purposes beyond the scope of the access granted by these Terms. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Services; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
In connection with the Services, you must not: (i) transmit or otherwise make available through or in connection with the Services, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software or routine that interferes with the Services; (iii) use the Services in an unlawful or fraudulent manner; (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services; (v) use any automatic device, process or means to access the Services for any purpose, including monitoring or copying content on the Services; and (vi) otherwise attempt to interfere with the proper working of the Services.
We reserve the right to terminate access to the Services at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Intellectual Property Ownership
You acknowledge that, as between you and BZR, BZR, owns all right, title, and interest, including all intellectual property rights, in and to the Services and, with respect to third-party products, the applicable third-party BZR, own all right, title, and interest, including all intellectual property rights, in and to the third-party products.
BZR names and logos and all related service names, design marks and slogans are the trademarks or service marks of BZR. All rights are reserved. You are not authorized to use any BZR name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of BZR. All other trademarks appearing in connection with the Services are the property of their respective owners.
The entire contents and design of the Services are protected by U.S. and international copyright law. All rights regarding the Services and materials contained on the Services are either owned by BZR, are licensed to it, or are used with permission. BZR and its licensors, vendors or other service BZR retains and reserves all proprietary rights to the contents of the Services.
Your Comments, Postings, and Ideas
If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this website, you hereby grant us a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free, irrevocable license to sue, reproduce, display, perform, modify, transmit, create derivative or collective works, and distribute them in any medium, in whole or in part, including all intellectual property rights therein, and agree that we are free to use them for any purpose.
Notification of Copyright Infringement under the Digital Millennium Copyright Act (DMCA)
If you believe your copyrighted materials may have been infringed by any content within the Services, please submit a written claim to our Copyright Agent at:
General Counsel, BZR, Inc.
325 Hudson Street, 4th Floor
New York, NY 10013
Written claims concerning for copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located within the Services;
- 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; and
- 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.
We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
THE SERVICES ARE PROVIDED "AS IS" AND BZR, HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BZR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BZR, MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Services, our website or third party website or any mobile application. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures contained in the Services, our website or mobile application.
Limitations of Liability
You agree to defend, indemnify and hold BZR and affiliate entities, and all of their owners, officers, directors, employees, contractors and service providers, harmless from and against any and all third party claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Services and/or your breach of these Terms.
These Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal or state courts located in New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Links to Third-Party Websites
We are committed to providing meaningful access to the information and content in the Services to individuals regardless of ability or disability. If you are having difficulty using the functionalities of the Services, please email us at email@example.com.
Under no circumstances will BZR be liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.
If you have questions or comments about the Services or these Terms, please contact us at firstname.lastname@example.org.