TERMS AND CONDITIONS FOR SELLER
These Terms and Conditions describe when and the conditions under which you are allowed to access or use the site. Please read these site Terms and Conditions carefully before visiting our site. If you do not agree to these site Terms and Conditions, you may not visit, use, or access the site or site services as a site visitor, user or otherwise and may not click to accept the Terms and Conditions when prompted on the site.
2. LICENSES AND THIRD PARTIES
2.1 Provision of the Site and Limited Site License
This section discusses the rights we give you to allow you to use the site, as detailed below:
We try to keep our site and the site services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services. In fact, we might even stop providing the site or site services completely or stop providing certain features without notice.
2.2 Termination of the Limited License
We may terminate any license it has granted to any site visitor or user to access the site and site services by providing notice, and the termination of such license shall be effective immediately upon us providing such notice.
2.3 Third Party Intellectual Property
Any information or content expressed or made available by a third party or any other site visitor or user is that of the model and/or photographer and not of Breathe Heavy LLC.
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed via the Site is on an “as is” and “as available” basis without any warranty for any purpose.
3. REGISTRATION AND ACCOUNT
3.1. You may not register with our website if you are under 18 years of age (by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age).
3.2. You may register for an account with our website by completing the registration process.
3.3. You represent and warrant that all information provided during the registration is complete and accurate.
3.4. If you register for an account with our website, you will be asked to provide an email address/user ID and password and you agree to:
3.4.1. keep your password confidential;
3.4.2. notify us in writing immediately if you become aware of any disclosure of your password; and
3.4.3. be responsible for any activity on our website arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
3.5. Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
4.1 By using this Site you agree that we accept no responsibility for this Site or any of its Services being unavailable, and we make no warranties or guarantees, implied or express, as to the ongoing availability of the Site or any of its Services.
4.2 You agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access this Site or parts of it.
4.3 We may change, update or otherwise amend the Site at our absolute discretion and without notice.
5. LIMITATION OF LIABILITY AND INDEMNITY
5.1 You agree that you use the Site at your own risk.
5.2 You acknowledge that we are not responsible for the conduct or activities of any third party.
5.3 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of, or conduct in connection with, the Site, including but not limited to any breach by you of the Conditions.
5.4 Under no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.
Either party may end the agreement arising from these terms immediately for any reason by giving the other party written notice. Where this agreement has been terminated you must immediately cease using the Site.
Except as specifically provided to the contrary in this terms and conditions, Breathe Heavy LLC does not make any representations or warranties to the seller concerning the specific quality of any services, or facilities provided under this terms and conditions.
8. RELEASE FROM LIABILITY
To the extent permitted by applicable law, the Seller releases Breathe Heavy LLC from any and all liability, damage, loss, cost or expense incurred by the releasing party.
9. COPYRIGHT AND INTELLECTUAL PROPERTY
You acknowledge that all copyrights and other intellectual property rights in the service offered by Breathe Heavy LLC are owned by Breathe Heavy LLC and remain vested in Breathe Heavy LLC.
10. LIMITATION OF LIABILITY
You shall not have any liability to Breathe Heavy LLC in the event that any information exchanged or provided in pursuant to this terms and conditions is found to be inaccurate in the absence of gross negligence, bad faith or willful misconduct.
11.1 You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in these terms.
11.2 The relationship between us and you under any agreement arising from this Terms does not form a joint venture or partnership. No relationship clause of this agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
11.3 Any clause of these Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of the Terms.