Website Terms Of Use in the USA

Terms and Conditions of Use of Bravissimo Website

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE BRAVISSIMO WEBSITE. By accessing and using the website, you signify your agreement to these terms and conditions of use (“Terms of Use”) and other applicable law. If you do not agree to these Terms of Use, please do not use the website.

Certain services offered through the website, including mobile applications, sweepstakes and other prize promotions, may be governed by additional terms and conditions and you must agree to the additional terms before using such services. These Terms and Conditions and any additional terms will apply equally, provided that in the event of a conflict between any additional terms and these Terms and Conditions, the additional terms will prevail.

These Terms and Conditions apply to your use of the website. They do not govern the terms of any purchases you make from Bravissimo. For more information regarding Bravissimo’s return policy and satisfaction guarantee, please click here.

Mobile Devices
YOUR ACCESS TO AND USE OF THE WEBSITE VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE TERMS CONTAINED IN THESE TERMS OF USE.

Privacy
We appreciate the trust you place in Bravissimo, and we are committed to respecting your privacy and the security of your personal information. Our Privacy Policy describes the information we collect and how we use it. It can be found at the following link: https://www.bravissimo.com/us/privacy/.

Bravissimo Website
This Website, including all content, design, and underlying technology, is the intellectual property of Bravissimo, either owned outright by Bravissimo or licensed from third parties, including without limitation all trademarks, service marks, trade names, or copyrights. Bravissimo cannot guarantee that information displayed on the website is 100% accurate.

Bravissimo grants you permission to access and use the website for your personal use only. Unless authorized in writing by Bravissimo, any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the website, is strictly prohibited. You agree not to change or delete any proprietary notices from materials downloaded from the website.

No mechanized or other systematic process for harvesting information from the website for any purpose, including without limitation any commercial purpose, is permitted. You may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer, or sell any information obtained by your use of the website, and you may not mirror on your own website any portion of the website, or display through your own website any results pages or other information from the website, without Bravissimo’s express written permission. Use of the website for any illegal or unauthorized purpose is strictly prohibited.

Bravissimo reserves the right to change any information, features, or functions of the website without prior notice. Bravissimo may deny you access to all or part of the website without prior notice if you engage in any conduct or activities that Bravissimo determines, in its sole discretion, violate these Terms of Use, the rights of Bravissimo or any third party, or is otherwise inappropriate.

You understand that the technical processing and transmission of the website may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Links
To provide increased value to the visitors of our website, Bravissimo may provide links to websites operated by third parties. Bravissimo has no control over these linked websites, all of which have separate privacy and data collection practices, independent of Bravissimo. These linked websites are only for your convenience and therefore you access them at your own risk.

Your Content
From time to time, the website may include functionality that permits you to submit or post content. You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable. User-Generated Content, as that term is defined below, must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate anyone, or otherwise mislead as to the origin of any content. Bravissimo reserves the right to remove or edit any such content, but may not regularly review posted content.

Any and all information, content, or materials that you post on the website or on Bravissimo’s social media pages or that you send to Bravissimo is collectively referred to as "User-Generated Content." Do not post or send to Bravissimo any User-Generated Content that you do not intend to be subject to the User-Generated Content License described in this paragraph. If you post on the website or on Bravissimo’s social media pages or send to Bravissimo any User-Generated Content, intentionally or unintentionally, Bravissimo (and such others as Bravissimo may designate from time to time) shall have the unrestricted rights to the use of User-Generated Content for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. Bravissimo and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to Bravissimo a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the "User-Generated Content License"). You agree to the User-Generated Content License whether or not your User-Generated Content is used by Bravissimo.

You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post on the website or on Bravissimo’s social media pages or send to Bravissimo; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy, or the rights of any third party, and will not cause injury to anyone; and you shall indemnify, defend, and hold harmless Bravissimo, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of, resulting from, or relating to any such User-Generated Content. Bravissimo has the right (but no obligation) to monitor, edit, or remove any activity or content involving you. Bravissimo has no responsibility, and assumes no liability, for any User-Generated Content posted or sent by you or by anyone else.

You agree that User-Generated Content will not be subject to any expectation of trust or confidence between you and Bravissimo and that no confidential or fiduciary relationship is intended or created between you and Bravissimo. To the extent that any so-called "moral rights," "neighboring rights," or similar or analogous rights apply to any User-Generated Content and are not exclusively owned by Bravissimo, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.

Each time that you access the website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

Warranty Disclaimer
THE WEBSITE, AND ALL CONTENT PROVIDED ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRAVISSIMO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BRAVISSIMO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRAVISSIMO DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification
You shall indemnify, defend, and hold harmless Bravissimo, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of, resulting from, or related to any violation of these Terms of Use, or any activity related to use of the website (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account or mobile device.

Limitation of Liability
BRAVISSIMO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR INFORMATION ON THE WEBSITE, EVEN IF BRAVISSIMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Term; Termination
These Terms of Use are applicable to you upon your accessing the website. These Terms of Use, or any part of them, may be modified or terminated by Bravissimo without notice at any time, for any reason. Your continued use of the website after such a modification shall be deemed your consent to such modification. The provisions relating to Trademarks; Copyright, Your Content, Warranty Disclaimer, Indemnification, Limitation of Liability, and Miscellaneous, shall in all events survive any termination of these Terms of Use.

Miscellaneous
Your use of the website shall be governed in all respects by the laws of the state of Maine, U.S.A., without regard to choice of law provisions. Except for disputes for which only injunctive relief is sought, any disputes relating to these Terms of Use (which are not otherwise resolved by the parties) will be submitted to binding arbitration administered by JAMS in Portland, Maine in accordance with the then prevailing JAMS Streamlined Arbitration Rules and Procedures. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. In the event any disagreement relating to these Terms of Use results in litigation, you agree that jurisdiction over and venue in any such legal proceeding shall be solely in the state or federal courts located in Maine, and you hereby submit to the personal jurisdiction of such courts. Each party waives its right to a trial by jury for any disputes between the parties. Any cause of action or claim you may have with respect to the website must be commenced within one (1) year after the claim or cause of action arises or be barred forever. Bravissimo’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms of Use, which includes all documentation and terms referenced in these Terms of Use, constitute the entire agreement between you and Bravissimo with regard to your use of the website. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Bravissimo may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Bravissimo desires to ensure that the website is accessible to you. If you have comments about how we can improve your website experience, please contact us at using the details below.