BCBGeneration Blog Terms of Service

Welcome to the BCBGeneration blog! Before you begin posting entries, you must read and agree to these Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. BCBGMAXAZRIAGROUP, INC. ("BCBG") may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the BCBGeneration blog service (the "Service").

1. Description of Service. The BCBGeneration blog is for BCBGeneration student ambassadors and corporate employees only. You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the blog is provided to you on an AS IS and AS AVAILABLE basis only for the duration of your involvement in the student ambassador program. BCBG reserves the right to modify, suspend or discontinue your blog account with or without notice at any time and without any liability to you. BCBG disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software.

You must be at least thirteen (13) years of age to use the service. BCBG reserves the right to refuse Service to anyone at any time without notice for any reason.

2. Proper Use. You agree that you are responsible for your use of the blog, for any posts you make and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

You agree to abide by the BCBGeneration Blogging Guidelines and understand that BCBGMAXAZRIAGROUP has the right to edit, approve or disapprove your blog entries before being posted on www.bcbgeneration.com. Plagiarizing will not be tolerated and will result in immediate suspension of your account.

Violation of any of the foregoing may result in immediate termination of this Agreement and may subject you to state and federal penalties and other legal consequences. BCBG reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request. We expect that you will use caution and common sense, and exercise proper judgment when using the BCBGeneration blog.

3. Privacy. As a condition of using the Service, you agree that BCBG may access or disclose your personal information, including the content of your communications, if BCBG is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute or court order), or as otherwise provided in these Terms of Service. Other than legal or government requests, your personal information will not be given to third parties.

4. No Resale of the Service. Unless expressly authorized in writing by BCBG, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service or (c) access to the Service.

5. Publicity. Any use of BCBG’s, or any of BCBG’s affiliates’, trade names, trademarks, service marks, logos, domain names and other distinctive branding, including "www.bcbgeneration.com," must be in compliance with this Agreement.

6. Termination; Suspension. BCBG may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes.

7. Intellectual Property Rights. You acknowledge that BCBG owns and retains all right, title and interest in and to its name, derivative names, trademarks, designs or logos (the "BCBG Rights"). BCBG claims no ownership or control over any content submitted, posted or displayed by you on or through the Service. You agree to grant BCBG and it subsidiaries and affiliates a royalty-free worldwide license to copy, use, reproduce, publish, distribute, communicate and create derivate works from any content you submit, post or display on and through the Service and that you are responsible for protecting those rights, as appropriate.

8. General Practices Regarding Use and Storage. You agree that BCBG has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Service. BCBG retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to BCBG to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

10. Indemnification. You agree to hold harmless and indemnify BCBG and its subsidiaries, affiliates, officers, agents and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, BCBG will provide you with written notice of such claim, suit or action.

11. Waiver and Severability of Terms. The failure of BCBG to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

12. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions of your actual state or country of residence. Any claim, legal proceeding or litigation arising in connection with the Service will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of such courts.