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    Posted May 29, 2012

    Last Updated February 8, 2018

     

    IMPORTANT. READ CAREFULLY. THE FOLLOWING IS A LEGALLY BINDING AGREEMENT. 

     

    TERMS OF SERVICE

     

    This website (the “Website”) is operated by BMG WORLDWIDE OPERATING, LLC (hereinafter “BMG”, “we”, “us” or “our”), a New York limited liability company. All content and information provided on or through the Website (hereinafter “Content”) may be used only under the following terms of service (“ToS”). If you disagree with any of the provisions of the ToS, you are not authorized to access or use the Website and you must leave the Website immediately.

     

    Grant of Rights. As a user of this Website, BMG grants you the nonexclusive, nontransferable, revocable, limited license to access and use the Website and third-party Content strictly in accordance with the ToS and BMG’s Privacy Policy. BMG may terminate this license at any time for any reason.

     

    Limitations on Use. The Content on this Website is intended for your personal, non-commercial use only, and you may not copy, reproduce, republish, distribute, display, transmit, sell or otherwise use or exploit any of the Content except with BMG’s prior written permission. Without limiting the generality of the foregoing, you may not (a) create derivative works from the Website or the Content; (b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users; or (c) use any robot, spider, other automatic device or manual process to monitor or copy the Website or the Content without BMG’s prior written permission. By accessing and using this Website, you represent that you are at least 18 years of age. The Website is not meant for access or use by persons under the age of 18.

     

    Intellectual Property Rights. BMG and certain third parties are the owners of (or have the right to use) the trademarks, trade names and trade dress appearing on the Website. The Boy Meets Girl® mark and all other trademarks, trade names and trade dress appearing on the Website may not be used without obtaining written consent from BMG, or the owners of such intellectual property,

     

    The Website contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound. The Website is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Third party content providers also own (or have the right to use) copyrights in the Content original to them. You may not reproduce, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, create derivative works from, or in any way exploit any of the Content on the Website, in whole or in part, without our prior written consent.

     

    The Website is © 2010 BMG WORLDWIDE OPERATING, LLC – All Rights Reserved.

     

    By using the Website you are acknowledging that the trademarks, service marks, trade dress, copyrights and Content on the Website or otherwise belonging to BMG are and shall remain, except where owned by a third party, the sole and exclusive property of BMG. Nothing in the ToS or on the Website shall be construed as conferring any license or right, whether by implication, estoppel or otherwise, to use any of BMG’s trademarks, service marks, trade dress, copyrights or Content.

     

    Content Shared With Us. By posting, transmitting or otherwise submitting to us or the Website any of your Content, you agree to grant to us an irrevocable, royalty-free, perpetual, sub-licensable, assignable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your Content and/or incorporate your Content in other works in any form, media or technology now known or later developed, for any purpose whatsoever without compensation or approval. By submitting Content to us or the Website you represent and warrant that (a) the Content is original to you; (b) no other party has any rights to the Content; (c) the Content and material is not subject to any obligation of confidentiality, attribution or otherwise and that BMG shall not be liable for any use or disclosure of the Content; and (d) any so-called "moral rights" associated with the Content have been waived. You may not submit Content that (i) violates or infringes in any way upon the rights of others or which is otherwise unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, obscene, bigoted or hateful; (ii) contains viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; (iii) is or could be construed to be spam mail or any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.

     

    Social Media: By using the hashtag #ShareBoyMeetsGirl, you acknowledge that you are 18 years or older, that you own all of the right, title and interest in and to the content you have uploaded to the social media platform featuring the hashtag, and that you grant BMG the perpetual, irrevocable, worldwide, royalty-free right and license to display, use and exploit your Content in any and all media, whether now existing or hereinafter devised, and for any and all purposes.

     

    Linking to the Website. You may provide a link only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage; (b) you give BMG notice of such link by sending an e-mail to customerservice@boymeetsgirlusa.com; and (c) you discontinue providing such link to this Website if requested by BMG. If you wish to provide a link to a section within the Web site, you should forward your request to BMG at customerservice@boymeetsgirlusa.com and BMG will notify you if permission is granted, and if so, the terms and conditions of the such permission.

     

    Limitations on Liability. You acknowledge and agree that:

     

    The Website is provided on an “as is” basis and your use of the Website is at your own risk. BMG makes no warranty of any kind, express or implied, including, without limitation, the warranties of title, merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, BMG does not warrant or represent that (a) the Content will at all times be complete, correct, accurate, timely, or otherwise reliable; (b) the Website and Content will be error-free, free of viruses or other harmful components; or (c) errors or defects will be corrected;

     

    BMG may make improvements and/or changes to the Content and/or the features and functionality of the Website at any time, but it shall be under no obligation to do so;

     

    In the event that third party content appears on the Website or is accessible via links from the Website, BMG shall not be responsible and assumes no liability for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or linked (including through multiple tiers) to the Website. You understand that the information and opinions in the third party content are neither endorsed by, nor reflect the belief of, BMG. If you download any material from, provide any information to, or transact any business on a linked website, you do so solely at your risk;

     

    BMG’s sole liability to users of the Website is limited to the delivery of merchandise purchased via the Website or a refund for same, if applicable, in accordance with BMG’s returns policy. In no event shall BMG or its officers, directors, shareholders, employees, sub-contractors, licensees or agents be liable to you or any third party for any direct, indirect, special, incidental, consequential, punitive or exemplary damage (including, without limitation, loss of business, profit, information, data, use, revenue or other economic advantage) arising out of or connected to (a) your reliance on or use of the Website or the Content; (b) the misuse by any third party of any PII; (c) your failure to provide and maintain accurate PII; or (d) your access or use of a website linked to the Website;

     

    The foregoing limitations on liability (a) shall apply regardless of the theory on which such damage is based and even if BMG or anyone associated with BMG has been advised of the possibility of such damage; and (b) are a fundamental condition of this Agreement and you would have no lawful access to the Website or Services without such limitations;

     

    Some states or other jurisdictions do not allow the exclusion of implied warranties and limitations on certain kinds of liability, so some of the above may not apply to you. In any jurisdiction or proceeding in which the foregoing limitations on liability are found not to apply, in no event shall BMG’s liability to you for any claim exceed One Hundred Dollars ($100.00).

     

    Indemnification. You hereby indemnify, save, and hold harmless BMG, its affiliates and related companies, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, costs and expenses, arising from your use of or conduct on the Website, any services related to the Website or your breach of any of the warranties, representations or covenants made by you in this ToS.

     

    Contests. From time to time, we may offer and/or co-sponsor contests or other promotions on the website. Each such activity shall be governed by specific rules accessible from the pages of the Website offering the promotion.

     

    Miscellaneous. BMG reserves the right to change, revise or modify at any time this ToS, the Privacy Policy or any other terms or conditions contained on the Website by posting the changed, revised or modified terms on the Website. Please be sure to check the date of this ToS, the Privacy Policy and any other terms or conditions each time you visit to ensure that you are aware of the most current versions. All such changes, revisions and modifications shall be effective immediately upon posting and your continued use on the Website shall be deemed full acceptance of all such changes. Failing your full acceptance, your sole and exclusive remedy shall be to cease using the Website.

     

    If there is a conflict between any oral or written representation made by any of BMG’s employees, representatives, agents or vendors and any provision of this ToS, the ToS shall prevail. Except where specifically provided, the ToS shall prevail over any conflict or inconsistency with the Privacy Policy and any other information provided on the Website.

     

    No waiver by you or us of any provision of this ToS or of any default under any provision shall affect your our respective rights thereafter to enforce such provision or to exercise any right or remedy in the event of any other default, whether or not similar.

     

    If any provision of this ToS is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of this ToS, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.

     

    This ToS shall be governed by construed in accordance with the laws of New York without regard to principles of conflicts of law. Any and all actions, suits and proceedings arising out of or related to the Website, the Content, the ToS or the Privacy Policy shall be brought only in the courts located in the City, County and State of New York, and the parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that they may now or hereafter have with respect thereto. Any legal action arising in connection with the Website, the Content, the ToS or the Privacy Policy must be taken on an individual basis. You may not litigate any claims as a representative or member of a class.

     

    No waiver by use of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

     

    We control and/or operate the Website from offices in the United States of America. Persons who choose to access this Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

     

    The section titles or headings in this ToS are solely used for the convenience of the parties and have no legal or contractual significance.

     

    Contact BMG. If you have questions or suggestions regarding this ToS, please contact us by email at customerservice@boymeetsgirlusa.com.

     

    PRIVACY

     

    WHAT DO WE DO WITH YOUR INFORMATION?


    When you purchase something from the Website, as part of the buying and selling process, we collect the PII you give us, such as your name, address and email address. When you browse our Website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. We may disclose your PII if we are required by law to do so or if you violate the ToS. With your permission, we may send you emails about the Website, new products and other updates about Boy Meets Girl®.


    HOW DO YOU GET MY CONSENT?


    When you provide us with PII to complete a transaction, verify your credit card, place an order, arrange for a delivery or return, we imply that you consent to our collecting such PII and using such PII for that specific reason only. If we ask for your PII for a secondary reason, like marketing, we will either ask for your express consent or provide you with an opportunity to say no.

    HOW DO I WITHDRAW MY CONSENT?


    If after you opt-in, you change your mind, you may withdraw your consent for us to contact you and/or for the continued collection, use or disclosure of your information by contacting us at customerservice@boymeetsgirlusa.com or mailing us at:

     

    BMG Worldwide Operating, LLC

    545 Eighth Avenue, #1700

    New York, NY 10018, United States


    WHAT ARE COOKIES?


    Cookies are alphanumeric identifiers that your web browser stores on your computer’s hard drive when you access BMG’s Website and services. BMG uses cookies to enable our systems to recognize your browser and record how and when the Website and services are utilized. Most web browsers allow users to receive notification when new cookies are set, specify which cookies to accept and reject, or disable cookies entirely (consult your browser’s “Help” menu for guidance on adjusting your settings). Some of BMG’s business partners may transfer cookies to your browser when you use our Website and services. We do not control or have access to these cookies. In addition, we may also use “pixel tags” (sometimes called “web beacons” or “clear GIFs”) on our Website. Pixel tags help us analyze our customers’ online behavior and measure the effectiveness of our Website. We work with service providers that help us track, collect, and analyze this information. We recommend that you accept all cookies from BMG because turning them off may prevent access to certain features and services of our Website. However, you may opt out at any time by visiting http://www.aboutads.info/choices.

     

    WHO HOSTS THE WEBSITE STORE?


    Our Website store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service here and Privacy Policy here.


    THIRD PARTY SERVICES


    In general, the third party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our Website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our ToS.


    LINKS


    When you click on links on our store, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.


    SECURITY


    To protect your PII, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide your credit card information via the Website store, the information is encrypted using secure socket layer technology (SSL). Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.