Welcome to the Francesca Bettini® Linen Dress, Linen Tops, Dress website (the “Site”) owned and operated by Francesca Bettini (“Francesca Bettini”, “we,” “us” and/or “our”).
We provide visitors with an opportunity to view and purchase our designer linen clothing and accessories. By accessing or using this Site, you agree to be legally bound by these Terms & Conditions and our Privacy Policy, which is hereby incorporated by reference. Please read them carefully.
1. Acceptance of Terms
By accessing any part of this Site, you agree to be legally bound and to abide by these Terms & Conditions, as they may be modified by us from time to time. If you do not agree to these Terms & Conditions, please do not use this Site.
2. Eligibility to Use this Site
This Site is intended solely for users who are eighteen (18) years of age or older. Any registration, use, access to, or participation in any Site activity, membership, account, service, or feature by anyone under the age of 18 is strictly prohibited and in violation of these Terms & Conditions.
By using this Site, you represent and warrant that you are 18 years of age or older, and that you agree to and to abide by all of the terms and conditions of this Site.
3. Intellectual Property Rights
All content included on this Site is the property of Francesca Bettini and is protected by copyright, trademark, and other applicable laws. Any unauthorized use of the images, content, or other intellectual property contained on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
You may not reproduce, republish, distribute, sell, or modify the content, images or any other portion of this Site without express written consent from us.
4. Trademarks
The trademarks, service marks, trade names, logos, and designs used and displayed on this Site are registered and unregistered trademarks of Francesca Bettini. All trademarks not owned by Francesca Bettini that appear on this Site are used for nominative fair use and/or pursuant to license agreements. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on this Site without our written permission or the written permission of such third party owner of any Trademark.
5. Site Use and Conduct
While using this Site, you agree:
- Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites.
- Not to use this Site for any fraudulent or unlawful purpose.
- Not to access, monitor, or copy any content or information from this Site using any robot, spider, scraper, or other automated means or any manual process without our express written permission.
- Not to violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site.
- To abide by all applicable local, state, national, and international laws and regulations while using this Site.
- Not to post or transmit via this Site any material that violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable.
- Not to post or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
- Not to post or transmit any virus, worm, Trojan horse or other harmful or disruptive component.
- Not to impersonate others or manipulate identifiers to disguise the origin of any content posted via this Site.
We reserve the right to remove any posted content in violation of these guidelines and/or report such violations to law enforcement authorities.
6. User Information
In the course of your use of this Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in our Privacy Policy.
You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information. You agree to keep your account information up-to-date and accurate.
7. Errors, Corrections, and Changes
We do not represent or warrant that this Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through this Site will be correct, accurate, timely, or otherwise reliable.
We may make changes, corrections, and/or improvements to the Site at any time.
8. Third-Party Links and Information
This Site may contain links to third-party materials and websites. We do not endorse, warrant, sponsor or recommend the content, products, or services provided by such third parties.
We are not responsible for any third-party content, products or services. Accessing such third-party materials and websites is done at your own risk. We will not be liable for any loss or damage caused by your reliance on information obtained through third parties.
9. Termination
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of this Site at any time and for any reason without prior notice or liability. We also reserve the right to change, suspend, or discontinue all or any part of this Site at any time without prior notice or liability.
10. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our subsidiaries, affiliates, successors, assigns, directors, officers, employees, agents, representatives and service providers from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including breach of any warranties, representations or undertakings or in any content or information you post or transmit through this Site.
11. Limitation of Liability
Under no circumstances shall we or any of our subsidiaries, affiliates, successors, assigns, directors, officers, employees, agents, representatives or service providers be liable to you or any third party for any indirect, consequential, incidental, special, punitive or exemplary damages arising out of or in connection with your access or use of, or inability to access or use, this Site or any content, products, or services available on or through this Site, regardless of the form of action, whether based in contract, tort (including negligence), strict liability, statute or otherwise.
Our total and aggregate liability to you arising in connection with your access or use of this Site shall not exceed the amount paid by you to us, if any, in accessing the Site during the prior six (6) month period.
12. Disclaimer of Warranties
The content, products and services on this Site are provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied.
We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site is free of viruses or other harmful components or that defects will be corrected.
We make no representations or warranties about the accuracy, reliability, completeness, correctness, or timeliness of any content available on or through this Site.
Your use of this Site is solely at your own discretion and risk. Some jurisdictions may not allow for all of the foregoing limitations on damages or exclusions of implied warranties, so some of the above limitations may not apply to you.
13. Choice of Law and Jurisdiction
These Terms & Conditions shall be governed by the laws of the State of New York. Any dispute arising out of or relating to these Terms & Conditions or your use of this Site will be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and you expressly consent to the personal jurisdiction of and venue in such courts.
14. Severability and Non-Waiver
If any provision or portion of these Terms & Conditions is determined by any court or arbitration tribunal of competent jurisdiction to be invalid or unenforceable, the remaining provisions and portions of this agreement shall continue in full force and effect.
Our failure to enforce strict performance of any provision of these Terms & Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms & Conditions.
15. Entire Agreement
These Terms & Conditions, together with our Privacy Policy, constitute the entire agreement between you and Francesca Bettini with respect to this Site and any products or services available on or through this Site and supersedes any prior agreements between you and Francesca Bettini with respect to the subject matter contained herein.
16. Contact Information
If you have any questions or concerns regarding these Terms & Conditions or this Site, please contact us at:
Francesca Bettini
123 Main Street
New York, NY 10001
Email: [email protected]
17. Effective Date
These Terms & Conditions were last updated on March 1, 2023.
