Terms & Conditions: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.The BernadetteSunset.com Web site (the “Web Site,” or “TheDailySunset.com”) is provided by Bernadette Sunset LLC (“us,” or “we,”) and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these Terms and Conditions of use, any and all modifications thereto, and the rules that may be published from time to time by Bernadette Sunset LLC (“Terms and Conditions”). By using this Web Site, you are deemed to have agreed to these Terms and Conditions. Bernadette Sunset LLC reserves the right in its sole discretion and without notice to you, to revise the products and services available on the Web Site and to change, suspend or discontinue any aspect of the Web Site and we will not be liable to you or to any third party for doing so. Bernadette Sunset LLC may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on BernadetteSunset.com. By using this Web Site after we post any changes, you agree to accept those changes, whether or not you have actually reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please discontinue use of this site. You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Web Site, including with respect to ordering, shipping and return policies and membership reward programs (“Additional Terms”), which Additional Terms are made a part of these Terms and Conditions by reference. If there is a conflict between these Terms and Conditions and the Additional Terms, the Additional Terms shall control.Article I.
User Conduct: This Web Site, email distribution, and any communications service, including the capability to contribute content material ideas or any other ideas by email or by use of a contribution form (each such submission, a “Contribution”), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form, and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Bernadette Sunset LLC reserves the right to terminate your subscription and refuse any and all current or future use of the Services.Without limitation of the foregoing, you agree to not use the Web Site or Services to:Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;”Stalk” another;Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;Harm minors in any way;Impersonate any person or entity, including, but not limited to, a Bernadette Sunset LLC official, or falsely state or otherwise misrepresent your affiliation with a person or entity;Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;Act in a manner that negatively affects other users’ ability to engage in the Web Site or the Services;*Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or the Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;*Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or*Intentionally or unintentionally violate any applicable local, state, national or international law.You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.You acknowledge that Bernadette Sunset LLC is not responsible for material submitted to us or posted to the Web Site by users. We do not pre-screen, monitor, review or edit the Content posted by users. However, we have the right (but not the obligation) at our sole discretion to refuse or remove any Content, in whole or part, that, in our judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Bernadette Sunset LLC is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Bernadette Sunset LLC You agree to immediately notify us of any unauthorized use of the Service or any other breach of security known or suspected by you.You acknowledge and agree that Bernadette Sunset LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; © respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Bernadette Sunset LLC, its users or the public.You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings, Contributions, or other information submitted by you or other users to BernadetteSunset.com. Any or all Content on the Web Site may be purged periodically in Bernadette Sunset LLC’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Bernadette Sunset LLC or submitted to us, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of Bernadette Sunset LLC, and we do not support or endorse Content (including any Contribution, whether or not edited by Bernadette Sunset LLC, or presented on the Web Site, edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.Article II. Restrictions on Use of Material: The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from Bernadette Sunset LLC (and from all other entities with an interest in the relevant intellectual property) are you permitted to publish, display or commercially exploit any material from the Web Site. To seek permission, you may write to Bernadette Sunset LLC at the address provided below. If permission is granted by Bernadette Sunset LLC and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.You must abide by all additional copyright notices or other restrictions contained on the Web Site.
Article III. Membership, Payment of Fees and Product Membership:
Payment of Fees: If you place an order or hire a service on this Web Site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this Web Site, we will bill your credit card. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number and to provide us with any changes in such information within thirty (30) days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your membership or subscription to the service and require you to pay any overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Product Information; Limitation on Quantities: Excluding any content which may be submitted by you from time to time, we strive to ensure that the information on the Web Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inadequacies, which we may correct without liability. We also reserve the right to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Web Site will be available.
Article IV. Unsolicited Materials
The Web Site and Services may contain certain links to third parties’ Web Sites (“Linked Sites”) from the BernadetteSunset.com Site. Linked Sites are not, however, reviewed, controlled, or examined by Bernadette Sunset LLC in any way and Bernadette Sunset LLC is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Bernadette Sunset LLC‘s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites, as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Bernadette Sunset LLC be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Bernadette Sunset LLC reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT, PRODUCTS AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by Bernadette Sunset LLC for any type of link to the Web Site or any BernadetteSunset.com Content. To seek permission, you may write to Bernadette Sunset LLC at the address listed below. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
Article VII. Contests, Promotions, Simulations or Games
From time to time, Bernadette Sunset LLC may offer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, “Promotions”). To participate in Promotions, users may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Bernadette Sunset LLC. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. Bernadette Sunset LLC, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release Bernadette Sunset LLC and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Promotion located on, or accessed through, the Web Site. Bernadette Sunset LLC is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.
Each Registered User agrees to be bound by the rules of any Promotion and by the rules of fair play and consideration of fellow Registered Users. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Promotion is conducted, is subject to immediate disqualification and revocation of their registration. Bernadette Sunset LLCis under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Promotions may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with respect to that Promotion.
Bernadette Sunset LLC reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.
Article VIII. Intellectual Property Rights
All materials contained in this Web Site and the Services are the copyrighted property of Bernadette Sunset LLC and its affiliates or licensors. As between Bernadette Sunset LLC and you, Bernadette Sunset LLC is the sole owner of all content on the Web Site and the Services, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site, the Services or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
Article IX. Parental Permission
This Web Site is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. Bernadette Sunset LLC may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Bernadette Sunset LLC may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Article X. Editorial Policy
The products and other items featured on BernadetteSunset.com and The Daily Sunset are chosen by Bernadette Sunset LLC.
We do not accept money in exchange for editorial endorsement.
However, we occasionally include links to affiliates which earn us commissions based on sales and will sporadically send out paid “Feature” e-mails from our advertisers. Our “Feature” emails are distinctly labeled, so there shouldn’t be any confusion.
If at any time you wish to stop receiving The Daily Sunset, you can “Unsubscribe” at the bottom of our emails or website, and you will be removed from our mailing list.
Article XII. Disclaimer Of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, Bernadette Sunset LLC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, — USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CA– USED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR — USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CA– USE OF ACTION. BERNADETTE SUNSET LLC DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE OR SERVICES WILL BE FREE OF INFECTION BY VIR– USES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
BERNADETTE SUNSET LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE — USE OR THE RESULTS OF THE — USE OF THE MATERIALS IN THIS WEB SITE OR SERVICES. YOU (AND NOT ZOE MEDIA GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Article XIII. Limitation Of Liability
IN NO EVENT WILL BERNADETTE SUNSET LLC, ITS OFFICERS, DIRECTORS, MEMBERS EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, — USE, RELIANCE ON, OR INABILITY TO — USE THE WEB SITE OR SERVICES, EVEN IF BERNADETTE SUNSET LLC OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE OR SERVICES. BECA– USE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BERNADETTE SUNSET LLC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Web Site.
Article XIIIV. Indemnification
Upon a request by Bernadette Sunset LLC, you agree to defend, indemnify and hold Bernadette Sunset LLC, its affiliates, officers, directors, members and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. Bernadette sunset LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Bernadette Sunset LLC in asserting any available defense.
Article XV. Copyrights
Bernadette Sunset LLC respects the intellectual property rights of others, and requires that the people who use the Web Site and Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the e-mail address listed below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.
Article XVI. Subscription Terms of Sale
Through the BernadetteSunset.com store program, you may purchase merchandise, and through the services system, sign up for various sevices, which will be charged on the date ordered. Please see our cancellation policy.
BernadetteSunset.com will charge the relevant fees for your chosen Subscription(s) to the credit card that you provide to us. If the credit card information you have provided is incorrect or incomplete, or BernadetteSunset.com is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem; failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your order or a particular delivery. Services may only be cancelled as expressly set forth in the paragraphs below. If you believe you have purchased a service or item in error, please contact us immediately at: info@BernadetteSunset.com
BernadetteSunset.com reserves the right to change the prices, ship dates and available merchandise and service dates at any time, upon notice to you, provided that any Service or item you have already paid for as of the current term. Prices displayed on the Web Site are quoted in U.S. currency and are valid only in the United States. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we are required to do so, or become required to do so by law in the future.
BernadetteSunset.com may limit quantities of or cancel items purchased, and we reserve the right to refuse any order. In the event BernadetteSunset.com needs to change or cancel an order, we will attempt to notify you using the contact information you provided at the time the order was made.
Boxes are shipped by a third party carrier. As a result, title and risk of loss for Boxes will pass to you upon our delivery to the carrier.
Bernadette Sunset LLC curates the content of each shipment Box. Unfortunately, we don’t allow returns or substitutions unless agreed upon via email. If you receive a Box with damaged or incomplete contents, or if you are otherwise unhappy with any shipment you receive, please contact us at: info@BernadetteSunset.com
Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While Bernadette Sunset LLC makes every effort to ensure that the information on the Web Site and/or contained in your shipment is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Web Site. Bernadette Sunset LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. Moreover, Bernadette Sunset LLC disclaims any responsibility in connection with your use of the contents contained in each shipment, any and all such use shall be at your own risk.
BernadetteSunset.com may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotion codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotion codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotion codes cannot be replaced. Limit one promotion code per customer. Promotion codes are void where prohibited. Any promotional program may be terminated or modified by Bernadette Sunset LLC at any time in its sole discretion.
Bernadette Sunset LLC may, from time to time in its sole discretion, elect to conduct a drawing to randomly select potential prize winners who shall be eligible to receive a special prize. NO PURCHASE IS NECESSARY TO ENTER OR WIN.
PURCHASINg MERCHANDISE OR SERVICES DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF SUBSCRIBERS. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET. AFFIDAVIT OF ELIGIBILITY AND RELEASE OF LIABILITY FORMS MAY BE REQUIRED. Only Subscription holders who are at least eighteen (18) years of age and who are permanent, legal residents that reside in one of the fifty (50) states of the United States of America or the District of Columbia, excluding Rhode Island, Hawaii and Alaska are eligible to receive a prize. Any Subscription holders who are employees of Bernadette Sunset LLC are ineligible to receive a prize. Notwithstanding the foregoing, you do not have to be a Subscription holder to be eligible to receive a prize. On a plain 3” x 5” index card, legibly handprint or type your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address and mail your completed 3” x 5” card to: “Bernadette Sunset LLC Prize Giveaway” Opera New Media LLC dba The Zoe Report, 8474 West 3rd St., Suite 206, Los Angeles, CA 90048 (the “Alternative Method of Entry”). You need only send in one card to be eligible for any The Zoe Report VIP Giveaway. Regardless of method of entry, there is a limit of one (1) entry per person. Prior to shipment of the Boxes for a given month, Bernadette Sunset LLC may, from time to time, elect to conduct a drawing to select the potential prize winners who shall be randomly selected.
Article XVII. Applicable Laws / Jurisdiction
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Bernadette Sunset LLC or relating in any way to your use of the Web Site resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving Bernadette Sunset LLCor its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this site from our offices in San Diego, California. We do not represent that materials on the site are appropriate or available for use outside of San Diego, California. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to: info@BernadetteSunset.com
Article XVIII. Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Article XIV. Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Bernadette Sunset LLC may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact us at: info@BernadetteSunset.com