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Terms & Conditions

Effective Date: September 25, 2024

 Welcome to the website www.beulahscandyland.com (the “Site”). By accessing our Site, you are consenting to the following terms of use and all corresponding legal terms that go along with it. By accessing or using this Site, you agree to follow and be found by these terms.

During your use of the Site, we may obtain certain information about you, which we collect and use according to these Terms of Use and our Privacy Policy. For more information about our privacy practices, please see our Privacy Policy

All content on the Site (and any related mobile application) is the property of www.beulahscandyland.com. (collectively, the “Company”).

All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of the Company (or another party that has licensed their material to the Company) and is protected by United States and international copyright and other intellectual property laws.


Please Respect the Content on the Site

The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company.

You agree to use the Site in compliance with all applicable laws.


The Content on the Site Can Be Used for Personal, Informational and Shopping Purposes Only

The Company grants you a non-exclusive, non-transferable, revocable, limited license to view the Site, and to download and/or print portions of materials retrieved from the Site, as long as (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided herein, no part of the Site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means without the express written permission of the Company.

In addition, you may not use the Site to:

    • gain unauthorized access to our Site, network or computer systems;
    • interfere with any other person’s use or enjoyment of the Site;
    • breach any laws concerning the use of public telecommunications networks and interfering or disrupting networks or websites connected to the Site;
    • copy any portion of the Site or the content on the Site except as part of an Internet service provider’s incidental caching of pages or for your own personal review later; or
    • “hack,” interfere with or disrupt the Site or any servers directly or indirectly connected with the Site or promote any such activity.

You agree to indemnify, defend and hold harmless the Company for any and all unauthorized uses you may make of any material on the Site. You acknowledge the unauthorized use of the Site or its content could cause irreparable harm to the Company and that in the event of an unauthorized use, the Company shall be entitled to an injunction in addition to any other remedies available at law or in equity in the exclusive jurisdiction and venue in the courts described below.

To the extent that the Company believes that you have violated its intellectual property rights, the Company or any of its affiliated entities may seek injunctive or other appropriate relief in any federal or state court located in Pennsylvania without having to submit that matter to mediation/arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts.

 

Disclaimer

The Company will do its best to bring you uninterrupted, functional use of the Site. That said, we do not guarantee that the functions contained on the Site will be uninterrupted or error-free, or that the Site or its server will be free of viruses or other harmful components. If we are made aware of any defects, we will always do our best to correct them.

Please understand that the Company is making this site available “as-is”, and disclaims any and all warranties, express or implied, and all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from the Site, including but not limited to technical inaccuracies and typographical errors; (2) any third-party websites or content accessed directly or indirectly through links one the Site; (3) any information which is posted by any third party, including without limitation, information posted on any related blog; (4) the unavailability of the Site or any portion thereof; (5) your use of the Site; or (6) your use of any equipment or software in connection with the Site.

 

Third Party Websites

As a convenience to you, the Site may include links to third-party websites or material which are beyond the Company’s control. The Company is not responsible for content on other websites. Your use of any linked website is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website, and the Company disclaims all liability in connection with your use of a linked website.

 

Changes in Our Terms of Use

We are always improving and updating our Site to further enhance your experience. As a result, our policies will continue to evolve. The Company reserves the right to change, modify, add, or remove any of these Terms of Use and any other content at this Site from time to time for any reason. We will provide notice of these changes by posting them here. We encourage you to refer to this page on an ongoing basis for our most current Terms of Use.

 

Disputes, Applicable Law, and Limitation on Liability

These Terms of Use constitute a contract (the “Agreement”) between you and the Company (together, the “Parties”).  The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding that body of law relating to conflict of laws. The Parties consent to the jurisdiction of all federal and state courts in Pennsylvania over any controversy, claim, or dispute arising out of or relating to this Agreement, or the breach thereof.  The Parties further agree that venue over any such controversy, claim, or dispute will lie exclusively in Berks County, Pennsylvania, or in the U.S. District Court for the Middle District of Pennsylvania.

In any action or proceeding brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such action or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled.

The Company’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. Any cause of action you may have with respect to the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE.  IN ANY ACTION OR PROCEEDING ARISING FROM OR RELATED TO THE SITE OR THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

 

Children

Parents should always supervise their children while online. The Site is not designed nor intended to collect personal information from children under the age of sixteen. So that we may comply with applicable law, we ask that children under the age of sixteen not provide any personal information on the Site. YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

 

International Use

The Company makes no representation that any content on the Site is appropriate or available for use in other locations. If you access this Site from outside the United States, please understand that this Site may contain references and/or links to products and services that are not available or are prohibited in your country.

 

Community Guidelines

If you post a review or otherwise engage publicly with the Site, you agree to be a steward of the Company’s online community and adhere to the following guidelines:

    • You must be 18 or older to use with the Site.
    • Language is a powerful tool - wield it carefully and respectfully. Offensive, off-color, hurtful, damaging, derogatory, provocative, insulting, abusive, or harassing remarks are not tolerated.
    • The Company reserves the right to not post or remove any comments at any time for any reason. (Please note: if a portion of a comment is deemed not permissible, the entire comment will not be posted or may be removed.)
    • Please keep comments on-topic – the Company’s products and services and your experience with them or thoughts about them are the topic.
    • You may contact the Company using our online comment form to report any comments that you believe does not follow these guidelines, or if you need to get in touch with us for any other reason.

 

Notice of Infringement Claims

The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your trademarks or other intellectual property rights have been otherwise violated, please contact the Company at [email protected] with the following information in a written notice in writing or electronically:

    • A description of the copyrighted work or other intellectual property that you claim has been infringed;
    • A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the Site;
    • 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 or intellectual property owner, its agent, or the law;
    • A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf;
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Please note that, because of security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

 

Miscellaneous

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and the Company with respect to such subject matter. This Agreement may not be changed, waived or modified except by the Company as provided herein or otherwise by written instrument signed by the Company. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with the Company’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. The Company may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

 

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