Your use of this website is governed by these terms.
Last Updated: August 1, 2016
Welcome to bamboosa.com. These Terms of Service (the "Terms" or the "Agreement") govern your access to and use of the website located at www.bamboosa.com, including our online store, websites, and email notifications (collectively, the "Site"), and any text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Site (collectively referred to as "Content"). Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Site or purchasing anything from the Site, you agree to be bound by these Terms. If at any time you do not accept all of these Terms, you must immediately stop using the Site.
1. Using the Site
You must be at least 13 years old, and at least the age of majority in your state or province of to use the Site. You may use the Site only if you can form a binding contract with Bamboosa. You may use the Site only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
B. Your Account
You may be required to create an account in order to access certain services or areas of the Site. Your account is for your personal use only. You accept full responsibility for all activity conducted through your account and you agree to and hereby release Bamboosa from any and all liability concerning such activity. You agree to notify Bamboosa immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. Bamboosa expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
C. Your License to Use the Site
Bamboosa grants you a personal, worldwide, royalty-free, non-assignable, non-transferable, and non-exclusive license to access and use the Site and the Content for non-commercial purposes only. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site in the manner permitted by these Terms.
D. Notices and Service Messages
To operate the Site, we may need to provide you with certain communications, such as service announcements or administrative messages. These communications are part of the Site which you may not be able to opt out from receiving. You agree that we may provide notices to you in the following ways: (1) a banner notice on the Site, (2) an email sent to the email address associated with your Account, or (3) through any other means including telephone, SMS, or physical mail.
E. Service Availability
Because we are constantly changing and improving the Site, the Site may change from time to time without prior notice to you. We may change, suspend, or discontinue the Site at any time, including the availability of any feature, database, or Content. We may also impose limits on certain features or restrict your access to parts or all of the Site without notice or liability. We will use reasonable efforts to ensure the Site is available twenty-four hours a day, seven days a week. However, we reserve the right to interrupt the Site with or without prior notice for any reason or no reason.
3. Online Store Terms
If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Bamboosa the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the receipt, possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Bamboosa reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
We strive to display as accurately as possible the colors of the products shown on the Site; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate.
B. Risk of Loss
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
If you are not fully satisfied with your purchase, you may return it in accordance with the Return Policy. The Return Policy is incorporated into these Terms in its entirety. It can be found at https://bamboosa.com/pages/returns-and-exchanges.
4. Site Content
A. Our Content
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively "Content") is owned or licensed property of Bamboosa or its suppliers or licensors and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of Bamboosa, and is protected by U.S. and international copyright laws. Bamboosa and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
Nothing in the Terms gives you a right to use the “Bamboosa” name or any Bamboosa trademark, logo, domain name, or other distinctive brand feature.
B. User Reviews, Comments, and Other Submissions
Bamboosa welcomes your reviews, comments and other communications, photos, videos or any other content that you submit through or to the Site (collectively, "User Content") as long as the User Content submitted by you complies with these Terms. You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam” or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive or degrading. You are solely responsible for the User Content you submit, and Bamboosa assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
We do not claim any rights in any User Content you may submit or make available for inclusion on the Site. You retain your rights to any User Content that You contribute to the Site. However, for any User Content you submit, you grant to Bamboosa a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Bamboosa the right to include the name provided along with the User Content submitted by you; provided, however, Bamboosa shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading or deceptive. Bamboosa neither endorses nor is responsible for any opinion, advice, information or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Bamboosa.
If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
5. Acceptable Use Policy
The Site may only be used for lawful purposes in accordance with these Terms. As a condition of your use of the Site, you warrant to Bamboosa that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, you may not:
1. Provide any false personal information on the Site, or create an account for anyone other than yourself;
2. Share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
3. Knowingly post any false or inaccurate material;
4. Send unsolicited emails, bulk mail, spam, or other materials to users of the Site or any other individual;
5. Harass, threaten, stalk, or abuse any person or party, including other users of the Site;
6. Use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" the Site or any related data or information;
7. Harvest or collect personally identifiable information (including, without limitation, email addresses) about other users of the Site;
8. Download, copy, or transmit any Content for the benefit of any other merchant;
9. Probe, scan, or test the vulnerability of the Site;
10. Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, as determined by Bamboosa; or
11. Bypass the measures Bamboosa may use to prevent or restrict access to the Site, including but not limited to features that prevent or restrict use or copying of Content or enforce limitations on use of the Site or the Content.
12. Post content that infringes, violates, or otherwise interferes with any copyright or trademark of another party,
13. Post content that infringes any intellectual property right of another or the privacy or publicity rights of another,
14. Post content that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, humiliating to other people (publicly or otherwise), obscene, or profane or otherwise violates any law or right of any third party,
15. Post content that contains a virus, trojan horse, worm, time bomb, or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information.
6. Disclaimers and Limits of Liability
A. Warranty Disclaimer
You use the Site solely at your own risk. Bamboosa cannot and does not represent or warrant that the Site or its servers will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or will otherwise meet your requirements. The Site is provided to you “as is” and “as available” and without warranty of any kind, express or implied.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY BAMBOOSA ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. BAMBOOSA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM BAMBOOSA ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, BAMBOOSA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BAMBOOSA SHALL CREATE ANY WARRANTY.
As a condition of your use of the Site, you agree to defend, indemnify and hold harmless Bamboosa, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, contractors, subcontractors, successors and assigns and other users of the Site, from all damages, liabilities, claims and expenses (including, without limitation, attorneys’ fees and costs) (each, a “Claim”), arising from or otherwise relating to Claims alleging facts that if true would constitute a breach of these Terms by you or any User Content submitted by you, or your violation of any law or the rights of a third party.
C. Limitation of Liability
IN NO EVENT SHALL BAMBOOSA OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS), WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,EVEN IF BAMBOOSA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBLITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE STIE, ANY CONTENT ON THE SITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL THE AGGREGATE LIABILITY OF BAMBOOSA OR THE SITE TO YOU FOR DAMAGES OF ANY KIND OR NATURE EXCEED ONE HUNDRED DOLLARS (U.S. $100.00).
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND BAMBOOSA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BAMBOOSA. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. In any such jurisdiction, Bamboosa’s liability shall be limited to the maximum extent permitted by law.
D. Third-Party Websites
The Site may contain links to third party websites or resources that are outside Bamboosa’s control and not covered by this Agreement. Links to such websites or resources do not imply any endorsement by Bamboosa of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources, and you hereby irrevocably waive any claim against Bamboosa with respect to such sites and third-party content.
Pursuant to 47 U.S.C. § 230(d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at that website.
7. Modification and Termination
Bamboosa may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users.
Bamboosa may make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. The most current version will always be available at https://www.bamboosa.com/terms. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Your continued use of the Site will indicate your acceptance of the current Terms; however, any change to these Terms after your last usage of the Site will not be applied retroactively.
These terms will continue to apply until terminated by either you or us. You may end your agreement with us at any time for any reason by deactivating your account and discontinuing your use of the Site. We may terminate this Agreement at any time for any reason with notice or liability to you. Upon any such termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
8. General Terms
2. The failure of either your or Bamboosa to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
3. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.
4. Bamboosa shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Bamboosa’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
5. This agreement is not assignable, transferable or sublicensable by you except with Bamboosa’s prior written consent.
6. All of our rights and obligations under these Terms are freely assignable by us in whole or in part at any time without your consent.
7. These Terms do not confer any third party beneficiary rights.
8. We reserve all rights not expressly granted to you.
9. The Site is operated by Bamboosa from the United States, and is not intended to subject Bamboosa to the jurisdiction of any state, country, or territory other than that of the United States. Bamboosa does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. Bamboosa may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction it chooses, in its sole discretion.
10. Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us at the email or physical address listed at the bottom of these Terms. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
9. Jurisdiction and Choice of Law; Arbitration
You expressly agree that Your rights and obligations, this Agreement, and any disputes related thereto shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any claim or dispute between You and Bamboosa that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at the email address at the bottom of this document. We will try to resolve the any dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or we may bring a formal proceeding.
10. Copyright Policy
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and our policy about responding to notices in our Copyright policy.
11. Contact Us
The Site is operated and provided by Bamboosa, LLC, a South Carolina limited liability company. The word "Bamboosa," as used in these Terms, means Bamboosa, LLC, together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers and directors. We may also refer to Bamboosa as "we" or "us" in this Agreement.
If you have any questions about the Site or these Terms, please contact us at: