Last updated: June 22, 2020
BAUBAX trademarks displayed on the Website are trademarks or registered trademarks of BAUBAX. Any other trademarks displayed on the Website are the sole property of their respective companies. All use of these trademarks by Website users is prohibited.
Ownership of Website Content
The Website and its content are protected to the maximum extent provided by trademark, copyright and intellectual property rights law and applicable international treaties or conventions. All content displayed on or through the Website including but not limited to items, logos, videos, photos, blogs, forums, product descriptions, athlete data, data sheets, and FAQs is owned exclusively by BAUBAX and/or its affiliated companies, suppliers and licensors and is protected by trademark, copyright and intellectual property rights laws and applicable international treaties or conventions, both as a collective work and/or compilation, as these terms are defined by applicable law. Any copying, reproduction, redistribution, modification, display, or creation of derivative works from the Website, the content on the Website or the collective work is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written consent of BAUBAX. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
You may not use the Website or its content for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.
Submissions of User Content
You acknowledge that you are responsible for any information, profiles, text, messages, images, photos, videos, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to BAUBAX or its vendors, on or through the Website or otherwise (“Submissions”), including User Content that is posted on third party companies’ websites which you have authorized BAUBAX to use, for example Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to BAUBAX, including, for example, #worldsbesttraveljacket. By making the above-described Submissions you authorize BAUBAX to use and display such content on the Website and/or on other BAUBAX marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or older. If your Submission is selected by BAUBAX to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). BAUBAX is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by BAUBAX without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law.
BAUBAX reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the statements, opinions and any other content of third parties contained in you Submission. BAUBAX is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any statements opinions, or other content made available by third parties through the Website are those of such third parties and not of BAUBAX, its licensors and/or vendors, and BAUBAX does not endorse any such opinions, statements, or other content.
You acknowledge and agree that BAUBAX has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
Any questions, comments, suggestions, or other information about BAUBAX products or services submitted to BAUBAX through this Website (“Feedback”) shall be deemed non-proprietary and non-confidential. BAUBAX is free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. BAUBAX specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-proprietary and non-confidential and we can use such information without any obligation or liability to you.
Feedback and User Content
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that BAUBAX does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. BAUBAX expressly disclaims any liability for such Feedback and User Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content, that you may not rely on said Feedback and User Content, and that under no circumstances will BAUBAX be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available to you. You acknowledge that BAUBAX does not pre-screen or approve Feedback and User Content, but that BAUBAX shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.
Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. BAUBAX expressly disclaims any liability for such organizations, events or individuals.
You agree not to transmit to BAUBAX any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, abusive, harassing, harmful, threatening, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, race gender, sexual orientation, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a BAUBAX employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any trademark, copyright, patent, trade secret, or other proprietary rights of any party, or is a Submission that you do not have the right or authority to make available pursuant to any law or under any contractual duty or fiduciary relationship; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the Website which are not designated for such purposes or emailed to BAUBAX users who have not indicated in writing that they consent to your contacting them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
Additionally, you agree not to: (i) contact anyone who has requested not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) stalk or otherwise harass anyone through or on the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to BAUBAX computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.
Establishing an Account
Users of all ages may browse the Website, however, you may only establish an account if you are 18 years of age or older. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
Availability of Products, Services, Features and Content
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or an offer to sell. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (“External Sites”). You acknowledge that BAUBAX is not responsible for the unavailability of, or the content located on, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
This Website is protected under copyright law with all rights reserved except as expressly provided herein. Individual documents or content may contain different copyright notices and/or additional proprietary notices.
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the BAUBAX agent for notice of claims of copyright infringement ("Copyright Agent"), at email@example.com
BAUBAX LIFESTYLE, LLC
6965 El Camino Real, 105-641
Carlsbad, CA 92009
You must include the following in your Notice to the Copyright Agent:
1. Identify the material on the Website that you claim is infringing, with sufficient detail so that we may locate it on the Website;
2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
3. A statement by you under penalty of perjury declaring that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
4. Your contact information including address, telephone number, and email address; and
5. Your physical or electronic signature. If your claim is valid, BAUBAX will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. BAUBAX DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. BAUBAX DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. This does not affect the applicability of the disclaimers where otherwise permitted by law.
LIMITATION ON LIABILITY AND INDEMNITY OF BAUBAX
Compliance with Applicable Laws; Export Control Laws
Disclosure – Forward-looking Statements
Some of the information on this Website may contain projections or other forward-looking statements regarding future events or the future financial performance of BAUBAX. We wish to caution you that these statements are only predictions and that actual events or results may differ materially, and that these statements should not be relied upon by you for any purpose. You are hereby notified that there are a number of important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including but not limited to potential fluctuations in quarterly results, technological developments, changes in market factors, dependence on new product development, acquisition strategy, manufacturing risks, risks associated with Internet infrastructure, volatility of stock price, financial risk management, and volatility of future growth.
Governing Law; Entire Agreement