Terms of Service

Last updated: January 21, 2018

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using http://www.benitathediva.com website (the "Service") operated by Benita The Diva ("me", "I", or "myself"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. I reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms. 

 

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that: 

1.) In order to access our Resources, you may be required to provide certain information about yourself (such as an email, name, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

2.) You are responsible for maintaining the confidentiality of any login information associated with any account you use to access my Resources. Accordingly, you are responsible for all activities that occur under your account(s). Your information is not distributed to any third parties. 

3.) Accessing (or attempting to access) any of my Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of my resources through any automated, unethical, or unconventional means. 

4.) Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

5.) Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

6.) You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

7.) You agree to indemnify and hold harmless Benita The Diva from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. I reserve the right to take over the exclusive defense of any claim for which I am entitled to indemnification under these Terms. In such event, you shall provide me with such cooperation as is reasonably requested by me.

 

Limitation of Warranties

By using my website, you understand and agree that all Resources I provide are "as is" and "as available". This means that I do not represent or warrant to you that:
1.) the use of my Resources will meet your needs or requirements.
2.) the use of my Resources will be uninterrupted, timely, secure or free from errors.
3.) the information obtained by using my Resources will be accurate or reliable 100% of the time, and
4.) any defects in the operation or functionality of any Resources I provide will be repaired or corrected.

Furthermore, you understand and agree that: 
5.) any content downloaded or otherwise obtained through the use of my Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
6.) no information or advice, whether expressed, implied, oral or written, obtained by you from Benita The Diva or through any Resources I provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.

 

Copyrights and trademarks

All content and materials available on BenitaTheDiva.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Benita The Diva, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Benita The Diva. 

You may share this website by any of the following means:
1.) Using any of the share icons located throughout the site (Instagram, Pinterest, etc.);
2.) Providing a back-link or the URL of the content you wish to use; and
3.) You may quote extracts from the website with attribution to BenitaTheDiva.com.

Commercial use and distribution of the contents of the website is not allowed without express and prior written consent of the author.

 

Termination of Use

You agree that I may, at my sole discretion, suspend or terminate your access to all or part of my website and Resources with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources I provide will immediately cease, and I reserve the right to remove or delete any information that you may have on file with me, including any account or login information.

 

Governing Law

This website is controlled by Benita The Diva from my office located in the state of Texas. It can be accessed by most countries around the world. As each country has laws that may differ from those of Texas, by accessing my website, you agree that the statutes and laws of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. 

Furthermore, any action to enforce these Terms shall be brought in the federal or state courts located in Texas. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. 

 

Guarantee

Unless otherwise expressed, Benita The Diva expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. 

 

Contact Information

If you have any questions or comments about these Terms as outlined above, you can contact me at: hello@benitathediva.com