BOXY collects non-personally identifiable information about you in a number of ways, including tracking your activities through your IP address, computer settings or most-recently visited URL. BOXY does not collect any personally identifiable information about you unless you voluntarily submit such information to BOXY, by, for example, filling out a survey or registration form. The types of information that may be requested include your name, address, e-mail address, and telephone number.
Use of Information
In general, BOXY will only use the information you provide for the specific purposes for which such information was provided. BOXY may also use this information to deliver to you information about BOXY and promotional material from some of its partners, or to conduct trend analysis, pattern detection, and Website administration. Your information may also be used to contact you when necessary and may be shared with other companies that may want to contact you with offers consistent with your stated preferences. Users may opt-out of receiving future mailings from BOXY and other entities by following the instructions set forth in the opt-out section below. Non-personal demographic and profile data is used to tailor your experience at the Website, showing you content BOXY has determined may be of interest to you. You consent to BOXY sharing this information with advertisers on an aggregate, non-personal basis.
Use of IP Addresses
BOXY uses your IP Address to help diagnose problems with its server, and to administer the Website.
Use of Click Stream Data
When you visit the Website, we may also collect “click stream data” (server address, domain name). This information can be combined with information you have provided to BOXY by registering, for example, which will enable BOXY to analyze and better customize your visits. BOXY may use click stream data for traffic analysis or e-commerce analysis of our website, to determine which features of the Website are most or least effective or useful to you.
The Website has industry-standard security measures in place to protect the loss, misuse and alteration of the information under our control. While there is no such thing as “perfect security” on the Internet, BOXY will take reasonable steps to insure the safety of your personal information.
Other Websites; Links
The Website may contain links to other websites. BOXY is not responsible for the privacy practices or the content of such websites.
Choice; Opt Out
You may opt-out of receiving communications from BOXY’s partners, and from BOXY, by sending an e-mail to email@example.com
California Privacy Rights
Pursuant to California Civil Code sections 1798.83-1798.84, California residents are entitled to ask for a notice describing what categories of personal customer information BOXY shares with third parties or corporate affiliates for those third parties’ or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:
Re: California Privacy Rights Notice
295 W. Cromwell #109 Fresno, CA 93720
* Please allow 30 days for a response.
ALL SALES ARE FINAL. EXCHANGES WILL BE MADE AT THE DISCRETION OF BOXY GIRL®.
We want you to be happy with your Boxy Girl® product. If your product arrives damaged or defective, please contact us immediately at firstname.lastname@example.org or phone us at 559.835.6710. All approved returns must be in original packaging.
We only recommend only using a traceable shipping method for exchanges. We are not responsible for lost returned items.
Acceptance of Terms
Right to Modify Terms
BOXY reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms, in whole or in part, at any time. Notification of changes in the Terms will be posted on the Website. Your continued use of and access to the Website constitutes your acceptance of any amendments or modifications to the Terms.
In order to access certain services or features that may be offered on the Website, BOXY reserves the right to require you to complete a registration process by providing the complete and accurate information requested on a registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify BOXY immediately of any unauthorized use of your account, user name, or password. BOXY shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by BOXY, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
You grant BOXY a non-exclusive, transferable, sublicensable, worldwide license to reproduce, distribute, display, modify, transform, adapt, publicly perform, transmit, post, download, and/or otherwise use any and all material you post to the Website. Without limiting the generality of the foregoing, by posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Website, you grant BOXY, its affiliates, officers, directors, employees, consultants, agents, and representatives the license described above, including a license to use User Content in connection with the operation of the business of BOXY, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Website, you warrant and represent that you own the rights to the User Content, including, without limitation, all copyrights, trademarks, rights of publicity, and related rights or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content by express license of the owner thereof.
Color for Reference Only
The colors and materials displayed on the Website should be used as a reference only in conjunction with the written descriptions. Due to the nature of color calibration, the colors on your monitor may differ from the appearance of BOXY’s actual products. To the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are complete, reliable, accurate current, or error-free.
Accuracy of Advice
BOXY does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
Intellectual Property Rights
The Website is protected by copyright as a literary work, audio-visual work, collective work and/or compilation, or a combination thereof, pursuant to U.S. copyright laws, international conventions and treaties, and other copyright laws. All information and content contained on the Website, including, but not limited to trademarks, graphics, images, and logos are protected by US and international trademark laws, and are owned and/or controlled exclusively by BOXY or the party credited as the provider of the same. You will comply with any and all additional copyright notices, information, or restrictions contained in any content on the Website. The copying or storing of any and all content on the Website, including, text, graphics, photographs, images, data, audio-visuals material or sound for other than personal or noncommercial use is expressly prohibited without the express written consent of BOXY or the copyright holder identified in the individual content’s copyright notice. The use of any trademarks displayed on the Website for commercial purposes without the express written consent of BOXY is strictly prohibited.
Changes to Website
BOXY may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. BOXY may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
Limited Use License
BOXY grants you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Website. This limited license does not include the right to: (1) frame or enclose the Website or any portion thereof; (2) republish, distribute, display, or sub-license the Website or any content thereon; and/or (3) create any derivative works based upon either the Website or any content thereon. This limited license may be terminated in BOXY’s sole discretion immediately upon any unauthorized use by you of the Website or any and/or all of BOXY’s content.
BOXY may promote, via the Website, sweepstakes, contests or other types of promotions that will be governed by special rules in addition to these Terms. Your participation in such promotions constitutes acceptance of all applicable terms.
You represent, warrant and covenant that: (a) you shall not upload, post or transmit to, or distribute, or otherwise publish to or through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, or defamatory (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind (i.e. Spam), or (viii) constitute or contain false or misleading indications of origin or statements of fact; (b) you will not redistribute content to anyone, nor will you permit any minor, or anyone who would find the content offensive, to view the content; and (c) you will not use or access the Website in any jurisdiction in which doing so would be unlawful.
Third Party Links
The Website may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from Website to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk. All such websites are subject to the policies and procedures of the owner of such websites. Because we have no control over such websites or resources or the individuals who make such contributions, you acknowledge and agree that Company is not responsible for the availability of such websites or resources or any contributions, neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such websites or resources or the content of any contributions and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
Digital Millennium Copyright Notice
If you believe that specific content on the Website infringes upon your copyrighted materials, please provide BOXY with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the allegedly infringing material is located on the Website, including the URL’s of the particular web pages; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the use on the Website is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. BOXY’s Designated Agent for copyright claims can be contacted as follows:
Roger N. Behle, Jr., Esq.
FOLEY BEZEK BEHLE & CURTIS, LLP
575 Anton Boulevard, Suite 710
Costa Mesa, CA 92626
Disclaimer of Warranties
THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BOXY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER, BOXY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BOXY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOXY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
BOXY does not accept unsolicited suggestions and ideas. Any ideas, suggestions or other information you provide us will be treated as non-proprietary and non-confidential and treated as Communications, as defined above.
You hereby agree to indemnify, defend and hold BOXY, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms including, without limitation, those set forth in the User Content and Prohibited Conduct sections hereof, as well as any and all of the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. BOXY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of BOXY.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE.
This Agreement constitutes the entire agreement between BOXY and you with respect to your use of the Website. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.