Last Updated: January 14, 2021
Please read these Terms and Conditions of Usage (“Terms”, “Terms and Conditions”) carefully before signing up for or purchasing any items through www.bellewoodcottage.com (“Website”) and before using and working with Bellewood Cottage LLC (“Bellewood Cottage”, “us”, “we”, or “our”).
IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
Updated Terms. These Terms may be updated from time to time, at Bellewood Cottage’s sole discretion. It is your responsibility, as the viewer or customer, to check these Terms regularly to see if any may have changed, and to alert Bellewood Cottage if you do not agree with the changes that have been made.
These Terms and Conditions are between Bellewood Cottage and you for online usage and ordering. By using our Website you are accepting these Terms and Conditions.
Bellewood Cottage Services.
Bellewood Cottage provides craft tutorials, DIY projects, home décor ideas, recipes, booklists for kids and occasional parenting tips. All of these ideas are resources that are shared with the goal of helping other busy parents craft a cozy home and enjoy life with their kids.
Bellewood Cottage reads, reviews, and summarizes the style, age range, and content of children’s books so that busy parents are able to easily and quickly pick out the perfect books to enjoy with their little ones. The reviews are solely the opinion of the author and are in no way making conclusory remarks about the quality, accuracy or content of the book, and should not be seen as an endorsement of the author.
Bellewood Cottage may promote products, services, or other businesses and receive a commission when you click our links and make purchases. However, this does not impact our reviews and comparisons. We review and discuss products honestly and independently on products that we have actually used. Bellewood Cottage is a participant in several affiliate programs including the Amazon Services LLC Associates Program, Target Affiliate Marketing Program, Shareasale (various vendors), and rewardStyle. You acknowledge and agree that it is your personal responsibility to investigate whether any affiliate offers are right for you. You will not rely on any recommendation, reference, or information provided by Bellewood Cottage but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
Bellewood Cottage publishes tutorials, ideas, recipes, tips, booklists and reviews. We strive for accuracy in all information that is shared, but make no guarantees as to the results others may obtain from following these various recommendations or tutorials. Further, you are responsible for confirming the manufacturer’s suggested age of any referenced toy or play item and assuring those items are safe for your child to use. Bellewood Cottage will not be held liable or responsible for your reliance of our review or recommendation of any product or service, or any tutorial, tip, or booklist Bellewood Cottage features or makes.
Our service contains but is not limited to: (i) materials and other items relating to Bellewood Cottage and its services, and similar items from our licensors and other third parties, including any content that constitutes copyrightable materials under the United States Copyright Act; and (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities including those of Bellewood Cottage, our licensors and other third parties (collectively “Bellewood Cottage Content”). All rights, titles, and interest in and to our service and Bellewood Cottage Content is the property of Bellewood Cottage or those who we’ve received permission from or have licensed to and is protected by the various intellectual property and unfair competition rights and laws to the fullest extent possible. You should assume that material contained on our Website, any services we offer and any tools, websites, applications or other electronic destinations accessible through this Website, are proprietary and either trademarked or copyrighted. If you are a blogger and would like to share, please feel free to use one of my images and a link back to my original post. Please do not edit any Bellewood Cottage images or copy text without contacting Bellewood Cottage for permission. If you wish to use any of the information contained on the Website, please first contact Bellewood Cottage at ellen[at]bellewoodcottage.com. And of course, sharing on social media and Pinterest is certainly welcomed!
Setting Up an Account.
Certain features of our services may require you to register for an account. When registering you agree to: (i) provide and maintain true, accurate, current, and complete information; (ii) protect and prevent unauthorized access to your account; and (iii) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. As the owner and operator of your account, you are solely responsible for all activities that occur under it, whether or not you authorized the activity. Bellewood Cottage is not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
You may not: (i) modify Bellewood Cottage Content for your own or a third-party’s monetary gain; (ii) interfere with the proper operation of or any security measure used Bellewood Cottage Content; (iii) use Bellewood Cottage Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (iv) otherwise violate these Terms.
User Content and Consent.
You acknowledge that you alone are entirely responsible for all information, reviews, photographs, video, messages, tags and/or other materials (collectively, “User Content”) that you upload, post, e-mail, transmit or otherwise make available reflecting our services.
You acknowledge that Bellewood Cottage has no obligation to pre-screen User Content, although Bellewood Cottage reserves the right in its sole discretion to pre-screen, refuse or remove any User Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content.
You grant Bellewood Cottage a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display User Content (in whole or in part) for any purpose, commencing on the date you made such User Content available, including promoting and marketing Bellewood Cottage. You warrant that the holder of any worldwide intellectual property right, including moral rights, in the User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
You shall not (and shall not permit any third party) either (a) take any action or (b) make available any User Content that, in Bellewood Cottage’s sole discretion: (i) infringes on any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; or (iii) involves commercial activities and/or sales, contests, giveaways or sweepstakes, without Bellewood Cottage’s prior written consent.
Links to Other Websites.
Our Website may only be used for lawful purposes. Illegal activities, including but not limited to tampering with the Website, misrepresenting the identity of a user, or conducting fraudulent activities on the Website are prohibited. You agree not to use any device, software or routine, or data to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
Any modification or amendment to these Terms and Conditions requires the sole consent of Bellewood Cottage and may be signified by a notice posted to the Website that the terms have been updated or a new “last updated date” denoted at the top of these Terms. If there is a particular situation in which the Terms need to be modified for any one individual, the request will be considered for extraordinary circumstances only, and shall be emailed to ellen[at]bellewoodcottage.com ; in such an instance, the parties may modify or amend these Terms by way of email, so long as all parties provide proper acknowledgment of receipt of the email and indicate their acceptance of the revised terms by way of an electronic signature in the following form: “/s/ Party Name.” Email modifications shall not become binding until all parties have complied with these requirements.
Visiting www.bellewoodcottage.com or sending emails to Bellewood Cottage constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through or on the Website, satisfy any legal requirement that such communications be in writing.
Photos, Videos, Photographic Release.
By and in consideration for your use of our services, you irrevocably grant Bellewood Cottage and its agents and representatives all rights to use, reproduce, display, exhibit, publish, edit, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for the Bellewood Cottage’s marketing and trade purposes. You agree that your Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Bellewood Cottage at its sole discretion. You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and consent to such uses. You further understand and grant permission to Bellewood Cottage and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising or related to the use of your Likeness. This release applies to all photographic, audio, and/or video recordings that you create, relating to Bellewood Cottage (or any third party). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, edited and/or distributed by or on behalf of Bellewood Cottage.
Limitations of Our Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BELLEWOOD COTTAGE, ITS OWNERS OR ITS CONTRACTORS AND EMPLOYEES, BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.IN ALL CIRCUMSTANCES, BELLEWOOD COTTAGE’S MAXIMUM COLLECTIVE LIABILITY TO YOU FOR DAMAGES FROM ANY AND ALL CAUSES, AND YOUR MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO $500.00 USD. ANY SUCH CLAIM MUST BE COMMENCED WITHIN 6 MONTHS OF THE FACTS GIVING RISE TO THE CLAIM.
NO WARRANTIES. BELLEWOOD COTTAGE MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. BELLEWOOD COTTAGE FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, PROGRAMS, PRODUCTS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, BELLEWOOD COTTAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NOTWITHSTANDING THE FOREGOING, THESE DISLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
You agree to defend, indemnify and hold harmless Bellewood Cottage from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your misuse of our service; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (v) your use of a third party service; or (vi) any misrepresentation made by you. Bellewood Cottage reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Bellewood Cottage’s defense of any claim. You will not in any event settle any claim without the prior written consent of Bellewood Cottage.
This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with our service.
Waiver of Injunction or Other Equitable Relief.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY BELLEWOOD COTTAGE OR A LICENSOR OF BELLEWOOD COTTAGE.
Controlling Law; Jurisdiction.
The validity, construction and enforceability of these Terms and Conditions shall be governed in all respects by the laws of the State of Minnesota, and the parties expressly agree that any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts serving Hennepin County, Minnesota.
Any dispute or claim arising under or in any way related to these Terms and Conditions shall be submitted to neutral, non-binding mediation prior to the commencement of arbitration or any other proceeding before a trier of fact. The parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator in Hennepin County, Minnesota. All parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the parties reflecting the same, and the parties may then proceed to seek an alternative form of resolution of the dispute or claim, as they wish. In the event Bellewood Cottage chooses or is forced to pursue any form of collections or legal action to enforce the Terms, you accept responsibility for all costs incurred in such dispute, including reasonable attorneys’ fees.
No Class Actions.
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Any notice or official communication provided for in these Terms and Conditions (such as notices of termination of the Terms and Conditions) shall be via email, to the address you provided in your submission details.
You acknowledge and agree that these Terms, including waivers of liability, are intended to be as broad and inclusive as permitted by applicable law.
Assignability and Parties of Interest.
Bellewood Cottage alone, may assign, directly or indirectly, all or part of its rights or obligations under these Terms and Conditions without the prior written consent of the other party. Nothing in these Terms and Conditions, express or implied, will confer upon any person or entity not an authorized assignee to these Terms and Conditions, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms and Conditions, except as expressly provided in herein.
If any provision of these Terms and Conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
The failure or delay by Bellewood Cottage to enforce or exercise any provisions of these Terms shall not constitute or be deemed a waiver of such provision or any other provisions within these Terms. Furthermore, any waiver or breach of any provision of these Terms shall not amount to a waiver of any other provision.
The headings in these Terms are for convenience only and in no way define, limit, or describe the scope or intent of any provisions within these Terms.
The provisions of these Terms which by their nature should survive termination of your use of our service, including sections on Intellectual Property, Limitations of Our Liability, Indemnification, and Waiver of Injunctive or Other Equitable Relief will survive.
Reservation of Rights.
All rights not expressly granted to you are reserved by Bellewood Cottage and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Bellewood Cottage Content or service for any purpose is prohibited.
These Terms and Conditions constitute the entire agreement between the parties and supersedes all prior agreements whether oral or written concerning the subject matter of these Terms and Conditions.
By using this Website or purchasing products through this Website, you are agreeing to the Terms and Conditions.