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.
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.
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.
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.
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.
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.
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.
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.