TERMS OF USE
OVERVIEW
This website is dedicated to raising awareness about bullying prevention and providing valuable resources and services to combat this issue. By accessing and using this website, you agree to comply with the following Terms of Use. These terms outline your rights and responsibilities as a user of this website, as well as BOP’s ownership and usage of intellectual property rights. Please read these terms carefully before using the website.
SECTION 1 – ACCEPTANCE OF TERMS OF USE AND PRIVACY POLICY
Access and/or use of boxoutbullying.com (the “Website”) constitutes express acceptance of this Box Out Productions (BOP) Terms of Use Agreement and BOP’s Privacy Policy, and any disclaimers.
SECTION 2 – AGE REQUIREMENT AND PARENTAL CONSENT
If you are aged 18 or older, by accessing and using this Website you agree to adhere to these Terms of Use. Individuals under the age of 18 must have parent or legal guardian consent to use or access this Website. The consenting parent or legal guardian assumes the obligations and responsibilities provided for in these Terms of Use and assumes full legal responsibility for the minor’s use of this Website. Only adults age 18 or older should send information or contact BOP.
SECTION 3 – INTELLECTUAL PROPERTY RIGHTS
Intellectual property, including copyrights, patents, trademarks, and other property or proprietary rights (registered and unregistered), located in and on this Website, which includes but is not limited to the rights to “Box Out Bullying,” “Box Out Productions,” and “BOP,” are owned or licensed by BOP, or otherwise used by BOP as permitted by applicable law. BOP reserves all of its rights to Box Out Bullying Content and the Box Out Bullying Website. To the maximum extent permitted under law, all text, images, downloadable files, and other materials available on the Website are protected by U.S. copyright law, various international treaties, and other applicable laws protecting text, images, downloadable files, and other materials available on this site. Nothing in these Terms grant you a right or license to use any trademark, design right, or copyright owned or controlled by BOP or any other third party except as expressly provided in the provisions below.
SECTION 4 – SUBMISSION OF PHOTOS OR ARTWORK
If you send BOP any original photos or artwork via any method on this Website, you are warranting and representing that you are 18 years of age or have express consent from a parent or guardian and own the rights to such photos or artwork and are not infringing on any third party rights. By submitting any photos or artwork, you are giving ownership to BOP and are allowing for their use by BOP, in any and all media, throughout the world for an unlimited number of times in perpetuity. You also expressly waive any and all legal and moral rights you may have in connection with the photos or artwork. You further acknowledge that since the submission of photos or artwork is voluntary, you will receive no financial compensation. You hereby release, hold harmless, and forever discharge BOP and its employees, agents, successors, licensees, and assigns from any and all claims, demands, or causes of action that I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate may now have or may hereafter have for by reason of submitting any photos or artwork, including but not limited to libel, defamation, violation of my rights of privacy, publicity, infringement of copyright or trademark, or any other right arising out of or relating to any utilization of the rights granted herein or based upon any failure or omission to make use thereof. You also waive any right to royalties or other compensation arising or related to any submitted photos or artwork. YOU WARRANT AND REPRESENT YOU UNDERSTAND THIS RELEASE ON BEHALF OF YOURSELF AND/OR A CHILD UNDER YOUR LEGAL AUTHORITY.
SECTION 5- NON-COMMERCIAL, EDUCATIONAL USE
In accessing the Website, you agree that you will access the contents solely for non-commercial, educational use (e.g., your home or school). You also agree not to use the BOX OUT BULLYING© copyright, or trademark logo, adapt, alter, or create a derivative work from any of the material contained on this Website, republish, “mirror”, “frame”, transfer, or otherwise make available to third parties this Website or any downloadable files or other material available on this Website, or use it for any other purpose other than non-commercial, educational use. News and other promotional outlets agree to credit logos, footage, and photos to “Courtesy: Box Out Bullying,” unless otherwise specified. Interested commercial users intending to redistribute and rebroadcast BOP content must contact BOP and establish a licensing agreement with BOP prior to any redistribution or rebroadcast.
SECTION 6 – LAWFUL AND RESPONSIBLE USE
You agree to use this Website and any BOP content only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Website and any BOP content by any third party. Such restriction or inhibition includes, without limitation, conduct that is unlawful or may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of the normal flow of dialogue within this Website.
SECTION 7 – TERMINATION OF ACCESS
BOP reserves the right to terminate your access to the Website at any time, without prior notice or liability for any reason, including without limitation if you violate any provisions of these Terms of Use.
SECTION 8 – THIRD-PARTY WEBSITES
BOP has no control over and assumes no responsibility for any third-party websites linked from this Website, and any visit to a third-party website linked from this Website is voluntary, and you are responsible for reading the individual Terms and Conditions Policies for any such website.
SECTION 9 – PURCHASES AND THIRD-PARTY TERMS
The purchase of goods on this Website is operated by Shopify, which is not affiliated, related to, or overseen by BOP. All purchases made through this Website are subject to the Square Incorporated terms and conditions of use and privacy policy.
SECTION 10 – DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE BOP CONTENT AND THIS WEBSITE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOP, AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
SECTION 11 – LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BOP BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ATTRIBUTABLE TO ANY LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROFITS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OR INFORMATION ON THIS WEBSITE (OR WEBSITES LINKED TO THE SITE), EVEN IF BOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 12 – INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold BOP harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of any of the following but not limited to: your breach of these Terms of Use, any activity in which you engage on or through this Website, and your violation of any law or the rights of a third party.
SECTION 13 – GOVERNING LAW AND JURISDICTION
These Terms of Use and any disputes regarding the operation and effect of the provisions of these Terms of Use shall be decided in accordance with the laws of the United States of America (where applicable) and the State of Pennsylvania. Jurisdiction and venue shall lie exclusively in the Court of Common Pleas of Lancaster County (where Pennsylvania law applies). In the event that BOP prevails in any dispute arising from these Terms, you agree to be responsible for any expenses incurred, including reasonable attorney fees and costs.
SECTION 14 – ENTIRE AGREEMENT
Except as explicitly agreed upon in writing between you and BOP, the content of these Terms of Use constitutes the entire agreement between you and BOP regarding the subject matter and supersedes any prior agreements. Any additional or different terms or conditions proposed by you are expressly rejected and shall not be binding unless expressly agreed upon in writing by BOP.
SECTION 15- SEVERABILITY AND WAIVER
If any provision of these Terms of Use is found to be invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. The application of the invalid or unenforceable provision shall be limited to the extent permitted by law. The failure of BOP or any third-party beneficiary to enforce any provision of these Terms of Use shall not constitute a waiver of their right to enforce such provision.
SECTION 16- CHANGES TO THE TERMS OF USE
BOP reserves the right to modify, amend, add, or remove portions of these Terms of Use at any time and without prior notice. Any changes to the Terms of Use will become effective immediately upon being posted, unless otherwise advised. Your continued use, interaction with, participation in, or visit to any BOP-owned site, property, or event after the amendments shall be deemed as your acceptance of the revised provisions. We encourage you to bookmark this page and review it regularly to stay informed about any updates.
SECTION 17- CONTACT INFORMATION
For any questions, concerns, or inquiries regarding these Terms of Use, please feel free to contact us using the following information:
Telephone: 866.242.6185 Email: info@boxoutbullying.com