The Boppy Company LLC
Terms & Conditions
Last updated: March 16, 2017
Welcome to The Boppy Company, LLC, a Colorado limited liability company, in conjunction with its parent company and other affiliates (collectively, the “Company”) website (the “Site”). The “Site” includes by definition, and these Terms and Conditions (the “Terms”) apply to, the Site itself, and any web pages, interactive features, applications, widgets, blogs, social networks, social network tabs, or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner or means. Please read the Terms carefully before using or visiting the Site. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT VISIT OR USE THE SITE. By using or visiting the Site, you expressly agree, to the same extent as if you had signed the Terms, to be bound by the Terms and to follow the Terms and all applicable laws and regulations governing the Site. The Company reserves the right to change the Terms at any time, and we will provide notice of changes by changing the “Last updated” date above, and in other ways to reasonably provide notice. Also, please check this page of the Site periodically to see if any updates have been posted. If you violate the Terms, the Company may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
1. Electronic Communications.
When you visit the Site, post to the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices to the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. Permitted Use.
You agree that you are only authorized to visit, view, and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute any of the material on the Site for any purpose other than for your personal review and use, unless otherwise specifically authorized in writing by the Company.
3. Access and Interference.
You also agree not to deep-link to the Site for any purpose, unless specifically authorized by the Company to do so. You may not frame or utilize framing techniques to enclose any trademark, logo, image, text, page, layout, information, graphics, or other portion or aspect of the Site without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or Marks (as defined below) without the Company’s express consent. Any unauthorized use terminates the permission or license to access the Site.
Without the Company’s express consent, you agree that: (i) you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or any of the content contained thereon or for any other purpose; (ii) you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (iii) you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and (iv) you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site.
4. Unauthorized Use of the Site.
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site, or use of any robot, spider or other automated device on the Site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal, and injunctive redress.
5. Violation of the Terms.
You understand and agree that in the Company’s sole discretion, and without prior notice, the Company may terminate your access to the Site or exercise any other remedy available, if the Company believes that you have in any manner violated the Terms or the law. You agree that monetary damages may not provide a sufficient remedy to the Company for violations of the Terms and you consent to injunctive or other equitable relief for such violations. The Company may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address any unlawful or harmful activity.
6. Copyright Ownership.
The content (images, illustrations, audio/video clips) and the software on the Site and the compilation thereof are each the property of the Company, its licensors, and/or its suppliers, and are each protected by U.S. and international copyright laws. You may not remove any notices or credits posted on the Site, or any additional information contained along with any such notices and credits. Material from boppy.com or any other website owned, operated, licensed or controlled by the Company may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials on the Site for any other purpose is a violation of the Company’s copyrights and other proprietary and intellectual property rights. The use of any such material on any other website or networked computer environment is prohibited without the prior written consent of the Company. Unauthorized use of the Site may give rise to a claim for damages against you.
7. User Content.
The Site may provide interactive features (the “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (“User Content“) on or through the website. Any User Content that you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant us and our affiliates and service providers, and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (a) you own or control all rights in and to the User Content and have the right to grant the license granted above; and (b) all of your User Content do and will comply with these Terms.
By posting any User Content to the Site, on the Internet, including but not limited to on social media websites such as Facebook, Instagram, Twitter, and Pinterest, and/or incorporating the hashtag #BoppyLove, #Boppy, #BoppyPillow, #BumpSpotlight, or by responding to Boppy’s photo rights request with the hashtag #ShareMyBoppy, you agree that as between you and the Company, you own all User Content and information you post or share. You further grant permission to the Company a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other Company marketing purposes, including but not limited to catalogs, email, and other customer communications, store materials, social media, and other marketing.
The Company may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote the Company or the Site. The Company’s license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that: You own all rights to your User Content or, alternatively, that you have the right to give the Company the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
The Company may refuse to accept or transmit User Content for any reason, as well as remove User Content from the Site for any reason.
You understand and acknowledge that you are responsible for any User Content you submit, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.
We have the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem appropriate in our sole discretion, including if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site for any or no reason, in our sole discretion.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS.
We do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
All the Company logos, graphics, design, page headers, button icons, scripts and service names found on the Site are trademarks and service marks and/or are trade dress of the Company or its licensors (the “Marks”), or of their respective owners. The Company and its licensors retain all right, title and interest in, to, and under the Marks, including any intellectual property rights in, to, and under the Marks. You shall not modify, alter, change, remove, copy, use, or otherwise infringe any of the Marks or any other third party trademark, service mark or any other material from the Site or the materials contained on the Site, or any copies thereof. Except as expressly stated in the limited license provision of the Terms, the Company does not grant any express or implied right to you under any of its trademarks, copyrights, or other intellectual property.
9. Infringement Notices and Takedown.
We prohibit the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on the Site infringes your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement received and will take appropriate action as required by the Digital Millennium Copyright Act, or DMCA. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is:
The Boppy Company LLC
560 Golden Ridge Road, Suite 150
Golden, CO 80401
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
A. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted 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;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
D. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
E. 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
F. 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.
THE SITE AND ITS CONTENT AND ANY AND ALL RELATED PRODUCTS AND SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE COMPANY CANNOT ENSURE THAT INFORMATION YOU ACCESS OR FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SITE AND THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS CONTAINED HEREIN OR THE OPERATION OF THE SITE. THE COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ASSUMES NO LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SITE. THE COMPANY DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, NOR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE.
THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, ADVERTISERS AND/OR OTHERS ON THE SITE, IN CONNECTION WITH THE SERVICES, PRODUCTS OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE SERVICES OR THE PRODUCTS. THE COMPANY IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, OR ACTIONS OF ANY THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
11. Limitation on Liability.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE PROHIBITED, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Links and Search Results.
The Site may contain references or links, or produce search results that reference or link to third party web sites. The Company has no control over these sites or the content within them. The Company does not guarantee, represent, or warrant that the content contained in any third party site is accurate, legal, or inoffensive. The Company does not endorse the content or messages of any third party site, nor does the Company warrant that such sites will not contain viruses or otherwise affect your computer. By using the Site to search to or to link to another site, you agree and understand that you may not make any claim against the Company for any damages or losses, whatsoever, resulting from your use of the Site.
13. Disputes; Governing Law; and Jurisdiction.
The Site is controlled and operated by the Company from its offices in the United States. If there is any dispute which, in any manner, involves, arises out of, or relates to the Site or the Terms, including, without limitation, your use of the Site, then by using the Site, you agree that (i) all such disputes and the Terms shall be governed by and construed in accordance with the laws (both substantive and procedural) of the State of Colorado, without the application of the conflict of laws principles except that the federal laws of the United States of America shall be the governing laws, to the extent required, with respect to issues involving intellectual property rights, and (ii) in connection with any litigation of any such disputes arising between or among the parties, you hereby consent to the exclusive jurisdiction and venue in the courts located in Colorado. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
You agree to indemnify and hold the Company and its officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party which, in any manner arises out of or relates to your use of the Site or any violation of the Terms.
If you have any comments or questions, please email us at firstname.lastname@example.org. You can also write to us at: The Boppy Company, LLC, 560 Golden Ridge Road, Suite 150, Golden, CO 80401, ATTN: Boppyhood.
The Terms constitutes the entire agreement and sets forth the entire understanding between you and the Company, with respect to the subject matter hereof, and supersedes all previous agreements, covenants, arrangements, discussions and negotiations, whether written or oral with respect thereto. The waiver or failure of the Company to exercise in any respect any right provided for in the Terms shall not be deemed a waiver of any further right. In the event any provision of this Agreement is held to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the validity and enforceability of the enforceable portion of any such provision and/or the remaining provisions of the Terms shall not be affected thereby. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Company is not liable for delays in performance caused by circumstances beyond its reasonable control.