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BAZOMB INC. TERMS OF SERVICE
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| PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. USE OF THIS WEBSITE SIGNIFIES THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS WEB SITE. | |
| Bazomb Inc. may change these terms and conditions at any time and such changes will be effective immediately upon posting. You should check these terms and conditions periodically because your continued use of the Site will be deemed acceptance of any modified terms and conditions. If you do not agree to the modified terms and conditions, you should discontinue use of the Site. These Terms incorporate the Privacy Policy. These Terms of Service, the Privacy Policy, and, for Merchant’s only, any signed Relationship Agreement and Sales Orders contain the sole and entire agreement between the parties with respect to the Site and the Service and supersedes any and all other prior written or oral agreements between them. In the event of the termination or expiration of the Terms, any obligation of a party which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination. No waiver on the part of Bazomb of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Bazomb. | |
| 1. | The Service |
| 1.1 | Bazomb.com (the “Site”) is owned and operated by Bazomb, Inc. (“Bazomb” or “we,” “our,” or “us”). We offer a service (the “Service”) which connects buyers of services and goods (“Buyers”) with sellers of services and goods (“Merchants”) (“Buyers” and “Merchants” collectively “Users”). Merchants provide us with certain promotional offers (each an “Offer”), usually offering a discount if enough Buyers are willing to buy a service or good within a certain time period. We make these Offers available through the Site. When enough Buyers agree to purchase the good or service promoted in the Offer, the Merchant is bound to fulfill it. Bazomb oversees collection of payment on behalf of the Merchant from the Buyer. Upon confirmation of payment, Bazomb, again on behalf of the Merchant, issues the Buyer a voucher (“Voucher”) redeemable for the applicable service or good. We also provide coupons (“Coupons”) which Users may download and print for use with Merchants. In addition, we offer CPT (Cost Per Thousand) advertising to Advertisers (“Advertisers”). |
| 1.2 | Bazomb shall have the right at any time to change or discontinue any aspect or feature of the Site. |
| 2. | Acceptable Uses |
| 2.1 | This Site is only for those of legal age to form a binding contract. You must be at least 18 years of age to be eligible to use the Site. If you are at least 13 years of age but not yet 18, you may use the Site with the permission of your parent or guardian. No one under the age of 13 may use the Site, under any conditions. |
| 2.2 | This Site and/or Service shall be used only for lawful purpose. Users are strictly prohibited from engaging in action including, but not limited to transmitting unlawful, obscene, vulgar, defamatory, abusive, threatening, profane material; transmitting material that is invasive of privacy or publicity rights, or that violates, misappropriates, or infringes upon the rights of others in any way; encouraging others to commit unlawful acts; or uploading or transmitting material that contains advertising, publicity, or solicitation for a product or services that did not receive prior written approval from Bazomb. |
| 2.3 | The Site may contain hyperlinks to third-party websites. If you use the hyperlinks to access these other sites, you will leave the Site and your browser will be re-directed. Sites you link to may have their own terms of service and privacy policy and may have different practices and requirements than the Site. Bazomb has no knowledge of, and is not responsible for, the content, information, services, products, or advertisements presented by any other site which you use at your own risk. Bazomb accepts no responsibility for the content or conduct of these other sites. |
| 3. | Intellectual Property |
| 3.1 | This Web site is owned by Bazomb Inc. The entire contents of this Website are copyrighted under United States copyright laws. You may not copy, reproduce, transmit, distribute, republish, upload, post, sell, or make changes to any information or materials on this Site, without the prior written consent of Bazomb Inc., EXCEPT that you may print or download one copy of the information on this Site solely for your personal, non-commercial home use, provided you keep intact all copyright, trademark, and other proprietary notices, and you may print or download the coupons and discount offers provided on this Site. Modification or use of this Site for any other purpose violates Bazomb's intellectual property rights. |
| 3.2 |
The following Marks and/or registered Marks are used to identify
the products and services of Bazomb:
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| 3.3 | Bazomb reserves the right to add additional Marks that identify its products and services to the Site at any time. This is not an inclusive list and may be updated at any time. Other trademarks, service marks and trade names that may be used on the Site to identify the products and services of other companies are the property of their respective owners. Bazomb makes no claims to these trademarks. |
| 3.4 | Bazomb respects the intellectual property of others, and we ask our Users to do the same. Bazomb may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Bazomb’s copyright agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) 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 the law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Bazomb's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By email: support@bazomb.com; By mail: Bazomb 3940-7 Broad Street #323, San Luis Obispo, CA 93401 |
| 4. | Limited Warranty |
| 4.1 | THE SITE, THE SERVICES OFFERED, ALL CONTENT, OFFERS, AND VOUCHERS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BAZOMB (AND ITS SUBSIDIARIES AND AFFILIATES) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO: (A) THE SITE; (B) THE SERVICE; (C) THE OFFERS OR VOUCHERS; (D) THE COUPONS; (E) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS; OR (F) THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. BAZOMB DOES NOT WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. BAZOMB DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE SITE OR THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, BAZOMB SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, BAZOMB (AND ITS SUBSIDIARIES AND AFFILIATES) DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AS WELL AS IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE. |
| 5. | Limitation of Liability |
| 5.1 | Bazomb makes an effort to keep the information on the Site reliable and accurate, but does not guarantee the reliability or accuracy of any of the information on either this Site or other sites linked to this Site. Bazomb also does not guarantee that the files or information available for downloading are free of infection from viruses or other harmful components. |
| 5.2 | YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. Under no circumstances will Bazomb be liable for any damages (including, but not limited to, special, incidental, consequential, or indirect damages) arising out of the use of, or the inability to use, the Site, even if Bazomb has been advised of the possibility of such damages. |
| 6. | Terms Applicable to Buyers |
| 6.1 | Buyers need to read the applicable terms of the relevant Offer for limitations. Offers may be subject to time limits or other restrictions. Buyer may need to complete a transaction within a certain timeframe or in a certain manner in order to receive the benefit of the Offer. We will use reasonable efforts to make any limitations known to you when we feature the Offer; however it is your duty to read the Terms of the Offer prior to purchasing the Offer. By purchasing an Offer, you accept the Terms and Limitations of that Offer. |
| 6.2 | Unless expressly stated otherwise in the Offer, (a) there is a limit of one Voucher per person per Offer, and (b) Vouchers are not redeemable in partial amounts. To the extent allowed by law, Vouchers may be gifted or sold. Each Voucher authentication number is only usable once. You are responsible for keeping your Voucher number secure. Neither the Merchant nor Bazomb will be liable if your Voucher is lost or stolen. |
| 6.3 | Certain state or federal laws may limit the ability of a Merchant to set expiration dates or charge fees against a Voucher. To the extent that a Merchant is offering a Voucher in a jurisdiction which so limits such rights, the Voucher will be redeemable to the maximum extent permitted by applicable law. The value of each Voucher is the cash amount the Buyer actually paid for it. The expiration date on the Voucher dictates the last date that the Buyer can use the Voucher for the promotional value stated on the face of the Voucher. However, the Merchant may be responsible for honoring the actual cash value paid by the Buyer beyond the expiration date stated on the Voucher, as provided by state and/or federal law. Any applicable laws pertain to the Merchant, and it is the Merchant’s sole responsibility (and in no way the responsibility of Bazomb) to honor the Voucher in compliance with the law. |
| 6.4 | Bazomb is an intermediary and agent of the Merchant, and merely sells promotional Vouchers on behalf of the Merchant. We do not warrant and will not guarantee any issuance of refunds or credits for Vouchers. Buyers will have to obtain refunds or credits from the Merchant, if applicable. |
| 6.5 | Bazomb will determine Buyer’s compliance with these Terms in its sole discretion. Bazomb reserves the right to restrict, suspend, deny, or terminate access to all or part of the Site or Service by any Buyer and to deny access to any Buyer in its sole discretion without notice or liability of any kind. |
| 6.6 | Unless expressly specified in the Offer, Vouchers do not include sales tax which may be due on the services or goods or any applicable gratuities. |
| 7. | Terms Applicable Only to Merchants |
| 7.1 | Each Merchant is required to submit a signed Relationship Agreement. For each Offer that the Merchant wishes Bazomb to publish, the Merchant is required to submit a signed Sales Order. These Terms will govern the relationship between the Merchant and Bazomb, except that any provision of a Sales Order which has been signed by Bazomb and expressly overrides these Terms will take precedence over these Terms. |
| 7.2 | By signing the Relationship Agreement and Sales Order, the Merchant appoints Bazomb as its limited agent, solely for the purposes of (a) promoting those Offers where the Merchant and Bazomb have cosigned a Sales Order, (b) collecting payment on behalf of the Merchant when the minimum aggregate number of Buyers specified in the Sales Order has been reached, and (c) issuing Vouchers in accordance with the terms specified in the Sales Order. |
| 7.3 | The Merchant agrees that Bazomb may use the Merchant’s name, brand information, logos, and photographs in connection with making available and promoting any Offer from the Merchant. The Merchant represents and warrants that it will have and grant intellectual property rights in any content which it provides to Bazomb. |
| 7.4 | The Merchant represents and warrants that: (a) it will honor the terms of all purchased Offers, (b) it will not impose any term on any Offer which is in violation of applicable law, (c) it will honor, without limitation, alteration or amendment, the terms of all purchased Offers in a professional manner, (d) it will not impose any term on any Offer which was not expressly stated in the Offer, or which is in violation of applicable law. |
| 7.5 | The Merchant represents and warrants that it shall collect and use personal information from Buyers only in accordance with applicable law and the terms and conditions of the Bazomb Privacy Policy. |
| 7.6 | The Merchant will honor all Vouchers and Coupons in compliance with state and federal laws. State and/or federal laws may limit the ability of a Merchant to set expiration dates. To the extent that a Voucher is issued in a jurisdiction which limits the rights of the Merchant, the Voucher will be limited to the maximum extent permitted by applicable law. The value of each Voucher is the cash amount actually paid for it. The expiration date on the Voucher dictates the last date that you can use the Voucher for the promotional value stated on the face of the Voucher. However, state and/or federal law may provide that the Merchant is responsible for honoring the actual cash value paid beyond the expiration date stated on the Voucher. Any applicable laws pertain to the Merchant, and it is the Merchant’s sole responsibility (and in no way the responsibility of Bazomb) to honor the Voucher in compliance with the law. |
| 7.7 | With the sole exception of taxes on Bazomb’s net income, the Merchant is responsible for collecting from Buyer and paying any and all taxes and fees, including, without limitation, sales, use, gross income, and value added taxes, associated with the Services or the fulfillment of any Offer. |
| 7.8 | The Merchant acknowledges that the availability of Services shall be on a first-come, first-serve basis. Bazomb shall not, under any circumstance, be liable to the Merchant for lack of availability. Merchant further acknowledges that Bazomb is under no obligation to display or keep open any Offer. |
| 8. | Terms Applicable to CPT Advertisers |
| 8.1 | All advertising material is subject to approval by Bazomb, who reserves the right to reject or cancel any advertisement deemed to be unsuitable for any reason. Advertisers participating in the CPT advertising program are required to adhere to these Terms of Use and any Agreements executed between the Advertiser and Bazomb. All advertising material is subject to approval by Bazomb, who reserves the right to reject or cancel any advertisement deemed to be unsuitable for any reason. |
| 8.2 | The Advertiser represents and warrants that it will have and grant intellectual property rights in any content which it provides to Bazomb. |
| 8.3 | Advertisers may not inflate impressions and/or clicks artificially, including by manual methods. Advertisers may not inflate impressions by encouraging others, through compensation or otherwise, to inflate impressions and/or clicks artificially. |
| 8.4 | Bazomb is not liable for delays in publishing or failure to publish submitted advertising content in the event of circumstances beyond the control of Bazomb. |
| 9. | Privacy Policy |
| 9.1 | By using or accessing the Site, you are acknowledging and accepting the practices described in the Privacy Policy. Bazomb uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. However, no data transmitted over the Internet or a wireless network is 100 percent secure. We cannot ensure or warrant the security of information that you transmit to Bazomb. All information transmitted is transmitted at your own risk. Once we receive your transmission of information, Bazomb makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Please read the Privacy Policy for more information. |
| 10. | Indemnification |
| 10.1 | You hereby release Bazomb, its subsidiaries, affiliates, sponsors and advertisers, and their respective owners, officers, managers, members, agents and employees from any liability in connection with, and shall indemnify, defend and hold all of them harmless with respect to, any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys’ fees, arising out of or in connection with your violation of these Terms or any law, rule, or regulation. You will cooperate as fully and reasonably as required by Bazomb in the defense of any claim. |
| 10.2 | Merchant agrees to indemnify, defend, and hold harmless Bazomb and its officers, directors, owners, employees, and agents from and against all third party actions, suits, losses, liabilities, claims, expenses, damages, and costs of every kind and description including reasonable legal fees (collectively, “Losses”) arising out of (a) a material breach of any of its representations, warranties or covenants set forth in these Terms; (b) any claim resulting from injury or death as a result of services or goods offered by the Merchant; or (c) any claim resulting from the Merchant’s breach of applicable law, negligence, or willful misconduct. This obligation survives the termination or expiration of all Offers. |
| 11. | Arbitration |
| 11.1 | These Terms of Service and the interpretation of these Terms shall be governed by and construed in accordance with the laws of California, without regard to the principles of conflict of laws. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in California. Except for a misuse or infringement of Bazomb’s intellectual property, any and all disputes, controversies, and claims arising out of or relating to these Terms, the Vouchers, any Offer, the services related thereto, or concerning the respective rights or obligations of the parties hereto shall be settled and determined by arbitration before a panel of one (1) arbitrator pursuant to the Commercial Rules then in effect of the American Arbitration Association. Judgment upon the award rendered may be entered in any court having jurisdiction, or application may be made to such court, for a judicial acceptance of the award and an order of enforcement. The parties agree that the arbitrators shall have the power to award damages, injunctive relief, and reasonable attorneys’ fees and expenses to any party in such arbitration. |
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Bazomb Inc. 3940-7 Broad Street #323 San Luis Obispo, CA. 93401 |
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