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TERMS AND CONDITIONS OF ACCESS AND USE

This Terms and Conditions of Access and Use Agreement (the “Agreement”) applies to Boly Inc. and Boly Media Communications Co. LTD, as well as our subsidiaries and affiliates and our trusted network of brands (collectively, “Boly”). This Agreement describes the terms and conditions and the general principles applicable to your access and use of websites, social media sites, pages, e-newsletters, surveys, forums, ratings and reviews, accounts and applications owned, operated or licensed by or on behalf of Boly (“Boly Sites”). If you do not agree to these terms and conditions of access and use, you should not access or use any Boly Site.

By accessing or using a Boly Site, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. Boly reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion without further notice, effective upon including the revisions on a Boly Site. Your continued use of a Boly Site following the changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review this Agreement and the Privacy Policy from time-to-time to understand the terms and conditions that apply to your access and use of a Boly Site.

General Terms

Use of Site. In consideration of your acceptance of this Agreement and the Privacy Policy, Boly grants you a limited non-exclusive revocable license to access and make personal and non-commercial use of the Boly Sites, provided you do not modify, alter, or download (other than page caching) any portion of it unless otherwise specifically provided herein or you have obtained written authorization in advance from Boly. The permission granted to you shall terminate automatically and immediately if you breach any of the terms and conditions set forth in this Agreement. Boly reserves the right to modify or remove any materials, products, or services listed on the Boly Sites at any time without further notice. All rights not expressly granted herein are expressly reserved by Boly.

Prohibited Use of Site – You shall not make any commercial use of the Boly Sites or their contents, product listings, descriptions, or prices. You further agree not to download or copy any content or product information for the benefit of any third party or use any data mining, robots, or similar data gathering and extraction tools. The Boly Sites, or any portion thereof, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without the express written consent of Boly. You agree not to interfere, disrupt, or attempt to gain unauthorized access to the Boly Sites, or any other related computer network. You further agree not to disseminate, store, or transmit viruses, Trojan horses, or any malicious code or program or engage in any other activity deemed by Boly to be in conflict with the spirit or intent of this Agreement. You agree to use the Boly Sites only for lawful purposes. You are prohibited from posting on or transmitting through the Boly Sites any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or offensive, or that is otherwise objectionable, including, but not limited to, any material or content encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Boly reserves the right to remove any postings or content in violation of this Agreement.

Rights to Content – Any software, services and other materials that are made available for downloading, access, or other use from this website with their own license or usage terms will be governed by such terms, conditions, and notices, including applicable export and re-export laws and regulations and are for personal use only. Boly does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror or frame any of the content from this site on another website or in any other media. Your failure to comply with such terms or any of the terms on this website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.

Equipment – You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Boly Sites including all hardware, software, electrical and other physical requirements for your use of the Boly Sites, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, and programs and services required to access and use the Boly Sites.
Correction of Errors and Inaccuracies. The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

Accessibility – You acknowledge and agree that at times the Boly Sites may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Boly may undertake from time to time; or (iii) causes which are beyond the control of Boly or which are not reasonably foreseeable.

Intellectual Property

Trademarks. The trademarks, service marks, brand names, and logos appearing on the Boly Sites (“Marks”) are owned or licensed by Boly. Nothing herein shall be construed as granting any license or right to use the Marks without the express written permission of the owner. You may not frame or utilize framing techniques to enclose any Marks or use any meta tags or any other “hidden text” utilizing the Marks without the express written consent of Boly.

Copyrighted Works – Copyrights in content provided on the Boly Sites, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communication programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases (hereafter “Copyrighted Works”) are exclusively owned or licensed by Boly, and are protected by U.S. and international copyright laws. Except as stated herein, you agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, display, post, or transmit any Copyrighted Works (except for your personal, private, non-commercial use) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Boly and any appropriate third party as applicable.

News Media Exception to Advance Written Permission – Notwithstanding anything to the contrary herein, images from the Boly Image Gallery, videos from the Boly Video Gallery, and product images and logos provided in the Boly Image Resource Library may be reproduced (but not modified or altered) by news reporting organizations for news reporting purposes, without advance prior written permission from Boly, provided the reproduction is accompanied by notice that it has been reproduced with permission from Boly.

Confidential Information – Do not use the Boly Sites as a means of submitting information you consider to be confidential or proprietary unless you are placing an order in which case some personal information is required. Except as otherwise expressly provided herein or in a written agreement with Boly applicable to your particular use of a Boly Site, any submission of material by you will be considered a contribution to Boly for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any material, including but not limited to questions, comments, suggestions, ideas, inventions, plans, notes, drawings, ratings, reviews, photos, original or creative materials or other information, provided by you in the form of e-mail or submissions to Boly, or postings on the Boly Sites, are non-confidential (subject to the Boly Privacy Policy) and shall become the sole property of Boly. Boly shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of this material for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any material to Boly irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

Links

The Boly Sites may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by Boly with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that Boly is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. BOLY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any non-Boly Site is subject to the terms and conditions applicable to that site, including the privacy policies of such site. If a third party links to a Boly Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Boly. Boly may not even be aware that a third party has linked to the Boly Site.

Product Orders

Fulfillment – Title to and risk of loss of product pass to you upon our delivery to the carrier. Delivery lead times vary, but most orders will be shipped within 1 to 5 working days. The delivery charge varies depending on the size and weight of the item. These charges will be included in the Shipping and Handling of your order. Special rates apply to Hawaii and Alaska and to other areas outside the continental United States. Oversized and extremely heavy items are marked on their product information pages as requiring a special delivery charge.

Credit Card Information – You may be asked to supply certain information relevant to your purchase of product through a Boly Site, including credit card number, the expiration date, your billing address and your shipping information. By submitting such information, you grant Boly the right to provide such information to our third party processing service provider to facilitate the transaction. You agree to pay all charges that you incur on the Sites at the prices in effect when incurred, including without limitations any shipping and handling charges and taxes. You represent and warrant that you have the legal right to use any credit cards used in connection with any transaction.

Pricing – Despite our best efforts, a small number of the items on our Web site may be miss-priced. Rest assured, however, that we verify prices as part of our shipping procedures. If an item’s correct price is lower than our stated price, we charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We cannot confirm the price of an item until your order enters the shipping process, nor will we charge your credit card until your order enters the shipping process. (Please note that your Order Acknowledgment means that your order request has been received; it does not mean that your order has been shipped or that the price of an item has been confirmed.)

Warranty – The extent of any limited warranty for each product is as shipped with the product or as expressly stated on a warranty document on a Boly Site. Any warranty offered is limited to defects in material or workmanship, and repair or replacement is your exclusive remedy for any defective product. In no event shall we be liable for any special, incidental or consequential damages of any kind arising out of the purchase or use of any product, whether based on contract, tort, statute or otherwise. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State. In addition, any warranties implied by law shall in no event extend beyond the duration of the express warranty offered, if any. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Returns – Returns must have a prior return merchandise authorization (RMA) and are subject to a 15% restocking fee. Custom-made orders, discontinued items, items sold “as is” and clearance items may not be returned. You are responsible for any shipping, handling and insurance costs associated with the return. All returns must be shipped within 30 days of delivery, must be returned unused, complete and in its original packaging and must be accompanied with a copy of your receipt. For your protection, we suggest all returns be sent back by a traceable carrier such as USPS, UPS or FedEx. Boly is not responsible for product lost in shipment.

Product Descriptions – We attempt to make our product descriptions as accurate as possible. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.

Compliance with Laws – It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from a Boly Site. By placing an order, you represent that the order is lawful and will be used in a lawful and appropriate manner. In addition, you acknowledge that any goods sold in the US may be subject to the import or export laws of the country in which the goods are sold. Accordingly, you agree to abide by all applicable export laws and regulations, including but not limited to the Export Administration Act, and you represent and warrant that you will not transfer such goods to a foreign national or a foreign destination in violation of law.

Disclaimer of Warranties

Boly, and its parents, subsidiaries, related companies, agents, officers, directors, employees, successors, assigns, contractors, service providers and affiliates provide the Boly sites “as is” without warranty of any kind, express or implied, and expressly disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Boly and its parents, subsidiaries, related companies, agents, officers, directors, employees, successors, assigns, contractors, service providers and affiliates do not warrant that the operation of the Boly sites, or the information, content, or materials included on these Boly sites will be uninterrupted or error free. You expressly agree that your use of the Boly sites is at your sole risk. To the fullest extent permissible by applicable law, Boly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Boly does not warrant that any Boly site, or its servers, are free of viruses or other harmful components.

Limitation of Liability

Under no circumstances shall Boly, or its parents, subsidiaries, related companies, agents, officers, directors, employees, successors, assigns, contractors, service providers and affiliates be liable to you or any other person for any indirect, incidental, consequential, special, or punitive damages for any matter arising from or relating to this agreement or your use of the Boly sites, including, without limitation, your use or inability to use a Boly site, any changes to or inaccessibility of a Boly site, delay, failure, unauthorized access to or alteration of any transmission or data, any material or data sent or received or not sent or received, any transaction or agreement entered into through a Boly site, or any data or material from a third person accessed on or through a Boly site, whether such liability is asserted on the basis of contract, tort, or otherwise.

Indemnification

You agree to indemnify, hold harmless, and defend Boly, its parents, subsidiaries, related companies, affiliates, directors, officers, employees, successors, assigns, contractors, service providers and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of, or relating to: (i) this Agreement; (ii) your use of a Boly Site, including any data or work transmitted or received by you; and (iii) any prohibited use of a Boly Site.

Termination – This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. Boly reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of any Boly Site; (ii) suspend your access to or use of all or any portion of any Boly Site; and (iii) terminate this Agreement.
Miscellaneous.

Waiver – No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

Severability – If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

Law – This Agreement is made in and shall be governed and construed by the laws of the State of California, United States of America, without reference to conflicts of laws. If you access a Boly Site from locations outside California or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of California, United States of America, and you are solely responsible for compliance with all your local laws. Access to any Boly Site from locations where such Site’s contents may be unlawful is prohibited.

Forum – All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Santa Clara County, California. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Santa Clara County, California. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Santa Clara County, California and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in Santa Clara County, California.
Headings. The captions and headings of this Agreement are included for ease of reference only and shall be disregarded in interpreting or construing this Agreement.

Entire Agreement – This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.
Password Protected Sites.

If you access a password-protected Boly Site (“Protected Site”), you represent that you have been granted access by Boly and agree to take all reasonable precautions to safeguard the confidentiality of the content and all information accessed on the Protected Site, including without limitation the password (collectively, the “Proprietary Information“), exercising at least a degree of care suitable for the sensitivity of such information but in no instance less than reasonable care. You agree to immediately notify Boly of any unauthorized use or disclosure of the Proprietary Information, and to take all necessary actions to prevent use or disclosure of the Proprietary Information in breach of this Agreement or applicable law.

When accessing a Protected Site, you are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Boly of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Boly will not be liable for any loss that you or your employer may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Boly or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.

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