Lionsgate Merch Store Terms and Conditions

Last Updated: June 12, 2026

Welcome to the Lionsgate Merch Store website,  https://lionsgateproduction.myshopify.com/ (the "Site"), owned and operated by Bella + Canvas, LLC and its parents, subsidiaries, and affiliates ("B+C").  Except as otherwise noted herein, these terms and conditions (the "Terms") govern your use of the Site. Use of information in connection with our Site is subject to our Privacy Policy and Cookie Policy. As used in these Terms, the terms “we”, “us”, and “our” refer to B+C. As used in these Terms, the terms "you" and "your" refer to, and these Terms shall be binding upon, any person or entity who purchases, activates, receives, uses, accepts or otherwise accesses the Site.

ACCEPTANCE OF TERMS

Please read the following terms and conditions of use, including an Arbitration Agreement, because your access or use of any portion of the Site constitutes your agreement to follow and be bound by these Terms.  If you do not agree to these Terms, you should not access or use the Site. We reserve the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here or email you. For this reason, we encourage you to review these Terms whenever you access or use our Site because by visiting the Site, you agree to accept any such changes. If you submitted your email address to us, you agree to notify us of any changes to your email address and acknowledge that your email inbox settings are not programmed to send communications from us into a spam, trash, or similar folder. You also agree to monitor your email address for program-related updates, including changes to these Terms. We provide you with access to and use of the Site subject to your compliance with the Terms.  

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS TO RESOLVE CLAIMS. PLEASE SEE THE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) FOR COMPLETE DETAILS AND REVIEW CAREFULLY. PLEASE READ THESE ENTIRE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE.

SITE CONTENTS

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. You also may not, without our written permission, "mirror" any material contained on this Site or any other server. 

The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, "Materials and Content"), is our property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, distribute, sell, license, or purchase any Materials and Content from this Site in whole or in part, for any public or commercial purpose without our specific prior written permission. You also may not, without our written permission, access or collect Materials and Content using automated means or attempt to access Materials and Content that you do not have permission to access. You may not do, or attempt to do, anything to circumvent, bypass, or override any technological measures that we use to control or limit access to Materials and Content or the Site. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

PLEASE READ THIS ENTIRE SECTION (INCLUDING SUBSECTIONS) CAREFULLY, AS IT INCLUDES A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS.

THIS SECTION APPLIES TO ANY AND ALL CLAIMS OR DISPUTES OR DIFFERENCES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (EACH, A “PARTY” AND, TOGETHER, THE “PARTIES”) ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH US REGARDLESS OF WHETHER MADE DIRECTLY WITH US OR INDIRECTLY THROUGH THIRD PARTIES (INCLUDING DISPUTES RELATING TO OUR ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS MESSAGES SENT BY US, OR OUR COLLECTION OR USE OF YOUR INFORMATION) (EACH, A “DISPUTE”), INCLUDING, BUT NOT LIMITED TO:

  • DISPUTES THAT AROSE BEFORE THESE TERMS OR ANY PRIOR VERSION OF THESE TERMS;
  • DISPUTES THAT ARE OR WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING PURPORTED CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND
  • DISPUTES THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS.

THE PARTIES TO THESE TERMS ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

THIS ENTIRE SECTION SHALL SURVIVE TERMINATION OF THESE TERMS OR THE PARTIES’ RELATIONSHIP OR THE END OF YOUR USE OF THE SITE. 

MANDATORY INFORMAL DISPUTE PROCESS FOR ALL DISPUTES

The Parties agree to engage in pre-suit/pre-arbitration discussions for a period of no less than sixty (60) days after commencement of the Informal Dispute Process (as defined below). During this sixty (60) day period, the Parties will communicate directly about any Dispute and attempt to resolve it without initiating either a lawsuit or arbitration (the “Informal Dispute Process”). Completion of this Informal Dispute Process and expiration of the sixty (60) day period shall be an express condition precedent to either Party commencing a lawsuit or filing and serving an Arbitration Demand in accordance with the Arbitration Agreement. The Parties agree that any action commenced in court or arbitration without first exhausting the Informal Dispute Process shall be defective and subject to dismissal.

THE INFORMAL DISPUTE PROCESS SHALL COMMENCE UPON EITHER PARTY RECEIVING FROM THE OTHER A WRITTEN NOTICE (“NOTICE”), WHICH NOTICE MUST DESCRIBE THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND THE SPECIFIC RELIEF SOUGHT AND INCLUDE ANY SUPPORTING DOCUMENTATION. Your Notice must be personally signed by you and mailed via certified or registered mail with proof of receipt to us at Bella + Canvas, LLC, Attention: Legal Department, 9830 Wilshire Blvd., Beverly Hills, CA 90212. You must also email a copy of the notice to legal@bellacanvas.com. B+C’s notice to you must be sent to your email address, last-used billing address or to the billing and/or shipping address in your online profile.

CLASS WAIVER; JURY TRIAL WAIVER; VENUE; WHERE PERMISSIBLE, DISPUTES SHALL BE BROUGHT IN COURT ON AN INDIVIDUAL BASIS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND, INCLUDING ANY TYPE OF JOINT OR CONSOLIDATED LAWSUIT FILED IN COURT. YOU FURTHER AGREE THAT YOU WILL NOT BE A MEMBER OF ANY PUTATIVE OR ACTUAL CLASS IN A CLASS ACTION BROUGHT BY ANYONE ELSE AGAINST US, OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, SUBSIDIARIES AND/OR RELATED COMPANIES, NOR WILL YOU SEEK TO BECOME A CLASS REPRESENTATIVE. ADDITIONALLY, IN ANY ACTION YOU INITIATE AGAINST US, OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, SUBSIDIARIES AND/OR RELATED COMPANIES, ANY RELIEF YOU SEEK WILL BE CONFINED TO RELIEF ON YOUR OWN BEHALF.  

Together, the terms in the preceding paragraph shall be called and operate as the “Class Waiver.”

In jurisdictions where applicable law permits application of the Class Waiver to Disputes brought in court, Disputes must be brought in court, and only on an individual basis in accordance with the Class Waiver. For any Disputes brought in court, the Parties agree to exclusive jurisdiction and venue in any state or federal court in the State of California. To the extent permissible under applicable law, any such cases shall be decided by a judge and not a jury; the Parties mutually waive their right to have their Dispute decided by a jury.

Disputes regarding the enforceability, revocability, or validity of the Class Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.

ARBITRATION AGREEMENT

In jurisdictions where applicable law prohibits the Class Waiver from applying to a Dispute to the extent it is brought in Court, DISPUTES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.

THE FEDERAL ARBITRATION ACT SHALL APPLY TO THIS ARBITRATION AGREEMENT. BY CONSENTING TO ARBITRATION, THE PARTIES DO NOT LIMIT IN ANY WAY EITHER PARTY’S STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER PARTY WOULD BE ENTITLED WERE A DISPUTE BEING HEARD IN A COURT.

Any arbitration will be administered by National Arbitration and Mediation (“NAM”) and governed by NAM’s applicable rules (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Mass Filing Supplemental Dispute Resolution Rules and Procedures, as applicable) (“NAM Rules”), as modified by these Terms. You may obtain a demand form to initiate arbitration as set forth in the NAM Rules available online at www.NAMADR.com, by emailing NAM at commercial@namadr.com, or by written request to legal@bellacanvas.com; this demand form, along with a certification under penalty of perjury of compliance with the Informal Dispute Process, must both be personally signed by the Party initiating arbitration (and their counsel, if represented) and a copy must also be sent to us. The Parties agree that any counsel representing a Party in arbitration must comply with the requirements of Federal Rule of Civil Procedure 11(b), and that the arbitrator may impose any sanctions against all appropriate represented Parties and counsel if he or she determines a Dispute is frivolous.

The arbitration shall occur through the submission of documents to one (1) arbitrator. If the arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the arbitrator determines that an in-person hearing is necessary, the hearing will take place in the United States county where you live or work or such other location agreed upon by both Parties. The Parties will select an arbitrator or hearing officer(s) after commencement of the action in accordance with NAM’s rules.

If the Parties cannot submit a joint pre-hearing and hearing schedule, each Party will submit their own schedule to NAM. The Parties will submit a joint pre-hearing and hearing schedule to the hearing officer(s) within the earlier date of (a) 7 days prior to the hearing or (b) 14 days following the arbitrator’s appointment. If only one (1) schedule is submitted, that schedule will be delivered to the arbitrator for his or her consideration. The arbitrator may adopt the schedule submitted by one (1) Party in the absence of a competing or joint schedule.

Payment of all filing, administration, and arbitrator fees will be governed by the NAM Rules and applicable fee sheet, as determined by NAM. All issues relating in any way to arbitration—including the applicability, scope, and enforceability of the arbitration provisions of this Dispute Resolution and Arbitration Agreement section—are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision on all procedural and substantive issues is binding only between the Parties and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

The Parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the Parties agree otherwise or the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the Disputes appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.

The arbitrator shall determine in accordance with the applicable rules, without limitation, all issues regarding filing fees, form of pleadings, procedures for payment, criteria for any Arbitration Demand, Answer and other claim, locale, seat, arbitrator selection and disclosures, exchange of information, and presentation of evidence. A court of competent jurisdiction shall have the authority to enforce this entire Arbitration Agreement and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees.

SPECIAL PROCEDURES FOR MASS FILINGS

To the extent an arbitration falls within NAM’s definition of a mass filing, the Parties agree to the procedures set forth below and in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms). Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Informal Dispute Process is initiated, until the Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Counsel for each side shall select ten (10) Disputes (twenty (20) Disputes total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the Parties agree otherwise in writing. No administrative fees will be assessed in connection with any remaining Disputes, unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the Parties shall promptly engage in a global mediation session of all remaining Disputes with a retired federal or state court judge, unless the Parties agree otherwise.

If the remaining Disputes are not resolved at this time, counsel for the Parties shall each select an additional ten (10) Disputes per side (twenty (20) Disputes total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the Parties agreed to in writing. This process shall continue, consistent with this staged process set forth above in this subsection, by administering and moving forward a maximum of twenty (20) individual arbitration proceedings at a time until the Parties are able to resolve all of the Disputes, either through settlement or arbitration.

A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution and Arbitration Agreement section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the allocation of arbitration fees. If these additional procedures apply to your Dispute, and a court of competent jurisdiction determines that they are not enforceable as to your Dispute, then your Dispute shall proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

Exceptions: Notwithstanding the Parties’ agreement to resolve Disputes through arbitration (i) either Party may seek relief in a small claims court for Disputes or claims within the scope of that court’s jurisdiction; and (ii) either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information. The route to small claims court shall only be the result of a direct filing by a Party. As set forth above, a Dispute commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming Party to submit any claim seeking relief other than injunctive relief to arbitration.

Confidentiality: The Parties agree that confidential information of either Party disclosed during the arbitration (whether in documents or orally) shall not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

Settlement Offers: Either Party may invoke the provisions of California Code of Civil Procedure Section 998.

Opt-Out: Within thirty (30) days of agreeing to these Terms, you may opt out of this Arbitration Agreement by providing your individual, personally signed notice of your intention to opt out by sending us an email to legal@bellacanvas.com. Such email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. The opt-out notice must be sent within thirty (30) days of your first use of our Site. Individuals who timely opt out can bring their Disputes in court but are still subject to the Class Waiver.

TIME LIMITS

To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY DISPUTE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Dispute is considered commenced at the time the Notice (defined above) is sent. To the extent a Dispute is filed in court or arbitration without first providing such Notice (which would be contrary to these Terms, as set forth above), the Dispute is deemed commenced at the time of such filing.

ORDERS AND PURCHASES

In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of our merchandise, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales and through our catalogs and websites.

In addition to the foregoing, we reserve the right to limit, cancel or prohibit orders made in connection with, appearing to take advantage of, or otherwise reasonably related to (i) any malfunction, glitch, or other technological errors occurring on the Site, and (ii) the use or misuse of any coupon code included in such order.

You are responsible for contacting us within four weeks after ordering a product if the product has not been received. We will investigate any claims in a reasonably timely manner. We do not hold or accept responsibility for packages that have been reported as delivered by the carrier and does not take responsibility for lost, misplaced, or incorrectly delivered shipments if the address information you have provided is incorrect or was incorrectly entered at the time of purchase.    

Expedited Shipping: Please note that during high-volume periods, shipping times may fluctuate, and two-day or next day delivery is not guaranteed.

SECURITY RULES

Violations of system or network security may result in civil or criminal liability. We investigate violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

  • Accessing data not intended for you or logging on to any of our servers or accounts that you are not authorized to access;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
  • Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; or
  • Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.

PRIVACY POLICY

Notwithstanding anything else to the contrary contained in these Terms of Use, our collection, use, disclosure and sharing of any personally identifiable information you provide via the Site shall be governed by our Privacy Policy and our Cookie Policy.  For further information regarding our collection, protection, and use of your personal information, please refer to our Privacy Policy and our Cookie Policy

 PRODUCT AND PRICING INFORMATION

Although we have made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the device display settings of the user, and we cannot guarantee that the user's device will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter. Likewise, we do not warrant the accuracy of customer product ratings, comments or feedback.

SALE EXCLUSIONS

We reserve the right to exclude certain products from sales and promotions. Exclusions may change at any time, without notice. We also reserve the right to limit or prohibit the use of offers, programs, promotional codes, discounts, or coupons during certain sales events.

INTELLECTUAL PROPERTY RIGHTS AND PROHIBITED USES

We are committed to the appropriate and legal use of the intellectual property of others.

The Site may be used only for lawful purposes and is available only for your personal, non-commercial use which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. Any permission granted herein terminates automatically without further notice if you breach any of the Terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. We specifically prohibit any use of the Site, and require all users to agree not to use the Site, for any of the following:

  • Posting any information which is incomplete, false, inaccurate or not your own;
  • Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol;
  • Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
  • Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
  • Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another;
  • Communicating, transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws;
  • Attempting to interfere in any way with the Site’s or our networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system;
  • Communicating, transmitting or posting material that is in violation of applicable laws or regulations; or
  • Using the Site to harass, disrupt, or unlawfully interfere with our business interests.

We have the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for our production.

PROPRIETARY RIGHTS

As between you and us (or any other company whose marks appear on the Site), we are the owners and/or authorized users of any registered or unregistered trademark, trade name, and/or service mark appearing on the Site, and are the copyright owners or licensees of the Materials and Content on the Site, unless otherwise indicated. The logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Site Intellectual Property,” as applicable) are owned or licensed by us, and may be registered in the United States and internationally. You agree not to display or use Site Intellectual Property in any manner without our prior permission. Nothing on the Site should be construed to grant any license or right to use any Site Intellectual Property without our prior written consent. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by us. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law. 

USER CONTENT AND MATERIAL

We do not claim ownership of user-generated content and material, except to the extent it contains Site Intellectual Property incorporated subject to the licenses granted in these Terms. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest (collectively "User Content") shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to us and our affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you.

You additionally acknowledge and agree that any reviews posted to the Site (including without limitation any pictures, images, or other multimedia included in such review, and which reviews constitute User Content) (“Reviews”), may be “shared” or re-posted on social media by any person or persons accessing the Site. You hereby grant to all Site users interacting with your Review(s) a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the Reviews, as well as your name, persona and likeness included in any Review and your social media account handle, username, real name, profile picture and/or any other information associated with the Review, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed.

Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. We will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. We shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content. By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon our request, you will furnish us any documentation, substantiation or releases necessary to verify your compliance with these Terms.

You are solely responsible for the User Content and you hereby agree to indemnify and hold us and our employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party. We do not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge us and our officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by us or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity. You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. We act as a passive conduit for User Content and have no obligation to screen or monitor User Content. If we become aware of any User Content that allegedly may not conform to these Terms, we may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. We have no liability or responsibility to Users for performance or nonperformance of such activities.

WE HAVE THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT WE DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST US FOR SUCH REMOVAL AND/OR DELETION. WE ARE NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others, and we ask our users and visitors to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 ("DMCA"). Please be advised that to be effective, the Notice must include ALL of the following:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
  • information reasonably sufficient to permit us to contact the complaining party;
  • a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement and counter-notices should be directed to:

By mail:
Bella + Canvas, LLC

Attn: Legal

9830 Wilshire Blvd

Beverly Hills, CA 90212

 

By email: legal@bellacanvas.com
 

(For both mail and email notices, please include "Notice of Infringement" in the subject line.) Upon receipt of notices complying with the DMCA, we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  • your physical or electronic signature;
  • identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

We or our copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from us, then we may, in our sole discretion, reinstate the removed or disabled material.

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND INSTEAD SHOULD BE SENT THROUGH THE MEANS DESCRIBED IN OUR CONTACT US PAGE OF THIS WEBSITE. 

DISCLAIMERS AND LIMITATION OF LIABILITY

CONSUMER PROTECTION LAWS IN SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATIONS AND EXCLUSIONS OF WARRANTIES. IF THESE LAWS APPLY TO YOU AND TO THE EXTENT THEY CANNOT BE DISCLAIMED OR EXCLUDED, THE EXCLUSIONS OR LIMITATIONS IN THE FOLLOWING SECTIONS MAY NOT APPLY. IN ALL OTHER JURISDICTIONS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

We publish information on its Site as a convenience to its visitors. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described on the Site may not be available in your region. We do not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions. We are not responsible for any potential reactions, allergic or otherwise, that you experience when purchasing our products. Our products comply with all required federal and local regulations as to fabric content.  If you have questions about particular fabrics and potential allergies, we suggest you consult with your physician before making a purchase via the Site. You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS."

WE, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTERS EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

We make no warranties of any kind regarding any non-B+C site to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-B+C sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party content provider to which you navigate from the Site. You access and use third-party content at your own risk. The Site may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

IN NO EVENT SHALL WE, OUR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF WE OR OUR REPRESENTATIVE OR SUCH INDIVIDUAL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend (with the defense and legal counsel assumed and selected by us in its sole and absolute discretion), indemnify and hold us, our directors, officers, employees, agents, affiliates, licensors, suppliers, and distributors harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

GOVERNING LAW

These Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without giving effect to any conflict of law provisions, except to the extent governed by federal law.

GENERAL INFORMATION 

These Terms constitute the entire agreement between you and us and govern your use of the Site (collectively, the “Agreement”), and they supersede any prior agreements between you and us. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. We may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in our’s sole discretion you fail to comply with any provision of the Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of this Agreement or your use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent. The Terms inure to the benefit of our successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please email us at legal@bellacanvas.com.

SEVERABILITY

Each section, paragraph, part, term, and/or provision of these Terms shall be considered severable; and if, for any reason, any provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such provision shall not impair the operation, or have any other effect upon, other provisions of these Terms as may remain otherwise intelligible, and the latter shall continue to be given full force and effect to bind you and us; and said invalid provisions shall be deemed not to be part of these Terms.

However, notwithstanding the preceding paragraph or any other provisions in these Terms, if the Class Waiver is found to be void or unenforceable as to a Dispute brought in arbitration, the Dispute shall proceed and be resolved in court and NOT by arbitration.

CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Site, you consent to receiving electronic communications from us. These communications may include information concerning or related to the Site. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Site, including without limitation any SMS / text messaging fees, data charges, and other fees.