Press Bendy In The Media


Overview:

The following rules and regulations apply to all visitors to or users of the The Bendy Web Site, the home page of which is at thebendy.com By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by The Bendy at any time and posted on this Web site. In the event of a violation of these rules and regulations, The Bendy reserves the right to seek all remedies available by law and in equity.

Limited License:

The Bendy Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by The Bendy as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; (b) you may not access or use the The Bendy Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. The Bendy may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by The Bendy.

Trademarks:

The Bendy and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of The Bendy, Hay and Company Enterprises Inc and Little Ben LLC and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the The Bendy Web Site. Your misuse of the trademarks displayed on the The Bendy Web Site is strictly prohibited. You are also advised that The Bendy will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Linking:

Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the The Bendy Web Site. None of such links should be deemed to imply that The Bendy endorses the Third Party Sites or any content therein.

The Bendy does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and The Bendy will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Special Notice:

The Bendy has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to The Bendy web page is prohibited absent express written permission from The Bendy. Framing, inline linking or other association of The Bendy site or its Materials with links, advertisements and/or other information not originating from The Bendy web site is expressly prohibited.

Disclaimer of Warranty:

Access to The Bendy’s Web Site is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. The Bendy reserves the right to block or deny access to the Web Site to anyone at any time for any reason.

Jurisdiction:

The Bendy controls this Web Site from its offices within the province of British Columbia. The Bendy does not imply that the materials published on this Web Site are appropriate for use outside of Canada. If you access this Web Site from outside of Canada, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the laws of the province of British Columbia, without giving effect to its conflict of laws provisions.

Your Communications:

The Bendy shall be free, but not obligated, to use any ideas, concepts, know-how, text, photographs, images or techniques ("User Submissions") contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes or developing, manufacturing and marketing products using such information, all without any payment to or further authorization by you. You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, The Bendy does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on TheBendy.com if we choose to publish them once submitted. The Bendy reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Website Terms, Conditions and Notices, including without limitation, the Prohibited Uses of Website and Services and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.

Prohibited Uses of Website and Services:

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of The Bendy, restricts, impairs, interferes or inhibits any other user from using or enjoying the Web Site and/or our related services and products.

Limitation of Liability:

IN NO EVENT WILL THE BENDY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF THE BENDY IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Revisions:

The Bendy may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. The Bendy also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. The Bendy may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.

 


THE BENDY.com TERMS + CONDITIONS OF SALE

Terms and Conditions of Sale
These terms and conditions of sale ('Terms and Conditions') apply to all sales of products and services ('Products') by The Bendy. ('The Bendy') to you ('Customer').

1. Acceptance. Customer will be deemed to have accepted the Terms and Conditions by sending a purchase order to The Bendy. The Bendy's acceptance of Customer's purchase order is conditioned upon Customer's acceptance of the Terms and Conditions, without addition or modification. In the event that Customer's purchase order is deemed to be an offer, The Bendys's acknowledgement or performance of the purchase order is conditioned upon Customer's acceptance of the Terms and Conditions, without addition or modification and the Customer's acceptance of delivery without objection to the Terms and Conditions constitutes acceptance of the Terms and Conditions.

2. Order and Shipment. Customer will order Products by sending a complete purchase order in a form acceptable to The Bendy. The Bendy may accept or reject the purchase order for any reason. The Bendy will not be bound by any terms or conditions set forth in Customer's purchase orders unless previously agreed to in writing.

Unless otherwise agreed in writing, delivery will be made in accordance with The Bendy's shipping policy on the date of shipment. Insurance coverage, transportation costs and all other expenses applicable to shipment from The Bendy to Customer's identified delivery place will be the responsibility of Customer. Title to the Product and risk of loss will pass to the Customer upon delivery by The Bendy to the carrier or Customer's representative at The Bendy's point of shipment.

Customer must notify The Bendy, by calling or emailing The Bendy's Customer Service Department within forty-eight (48) hours after delivery, of any claimed shortages, rejections or damages and The Bendy must receive a completed 'Short Shipment Form' from Customer via mail/email or facsimile within fifteen (15) days of the claim. Failure to give such notice of a claim will be deemed an acceptance in full of any such delivery. Approval of any short shipment claim is in The Bendy's sole power and discretion. In the event that The Bendy grants the short shipment claim, The Bendy will replace the lost or damaged Product or issue a credit memo, in its sole discretion. In the event that The Bendy does not approve the claim, Customer will pay the total invoice.

3. Price and Payment. Prices for Products will be as set forth in The Bendy's then applicable price list or agreed pricing arrangement, which does not include applicable taxes, as defined herein, and shipping costs.

Payment is due immediately via paypal or Credit Card. Customer will pay all applicable taxes, duties, licenses, excises and tariffs ('Taxes') levied upon the sale, purchase or delivery of the Products.

4. Returns and Warranty Assistance Service. Customer may return Products purchased from The Bendy and receive a credit up to the amount invoiced, subject to the following: (a) the Product is returned to The Bendy within thirty (30) days of the invoice date; (b) the list price of the Product has not decreased since its shipment; (c) the Product is new and unused; (d) the Product is in its original package, which has not been damaged or altered; and (e) The Bendy determines, in its sole judgment, that Customer is not in default of the Terms and Conditions or any other Agreement between the parties. Products purchased from The Bendy that are determined to be defective within three hundred sixty-five (365) days of the invoice date, may be returned to The Bendy for assistance in processing a manufacturer's warranty, provided that the Product is covered by a manufacturer's warranty and the Customer is determined, in The Bendy’s sole judgment, to be not in default of the Terms and Conditions or any other Agreement between the parties. Upon satisfaction of the foregoing, The Bendy will issue a return material authorization ('RMA') All returned Products must be shipped by Customer FOB destination and received by The Bendy within fifteen (15) days of the issuance of the RMA. NOTWITHSTANDING THE FOREGOING, THE BENDY MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE PRODUCTS. All other returns of Products are subject to The Bendy's prior approval and applicable fees.

5. DISCLAIMER AND LIMITATION OF LIABILITY. THE BENDY MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE PRODUCTS. THE BENDY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BENDY BE LIABLE FOR ANY LOSS, DAMAGE OR COST FOR BREACH OF WARRANTY.
THE BENDY WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY LOST REVENUE, PROFIT, USE OF DATA, INTERRUPTION OF BUSINESS OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, OR IN ANY WAY CONNECTED TO THIS AGREEMENT, EVEN IF THE BENDY HAS BEEN ADVISED OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE. IN NO EVENT WILL THE BENDY'S LIABILITY TO CUSTOMER EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT THAT IS THE BASIS FOR THE CLAIM.

6. Credit Memos and Refunds. Credit memos may be available to Customer pursuant to The Bendy's then applicable policies and programs which may include, without limitation, Product returns, co-op advertising, rebates and allowances ('Credit Memos'). Customer may apply Credit Memos to their The Bendy account balance. Refunds will be issued, upon request of Customer, only in the event of an overpayment. No other Customer will be entitled to receive a refund.

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