These are our terms of service. They're long and detailed, but they're here to protect both you and us - and make sure we have a long and happy relationship together. Please take a moment to review all of these terms so you know what you're agreeing to.
The following terms and conditions govern all use of the Bponi Store website and all content, services and products available at or through the website, including, but not limited to, the Bponi Store software ("Bponi Store") and the store.bponi.com hosted service ("Bponi Store Service"), (taken together, the Website). The Website is owned and operated by the Bponi ("Bponi").
Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) forms part of these Terms of Service.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Bponi, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
1. Your Bponi Account
If you create a store on the Website, you are responsible for maintaining the security of your account and store, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the store. You must not describe or assign keywords to your store in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Bponi may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Bponi liability. You must immediately notify Bponi of any unauthorized uses of your store, your account or any other breaches of security.
Bponi will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Bponi cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. Responsibility of Users
If you operate a store, comment on a store, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
You will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion,
- you know is false, misleading, untruthful or inaccurate,
- constitutes unauthorized or unsolicited advertising,
- impersonates any person or entity, including any of our employees or representatives, or
- includes anyone’s identification documents or sensitive financial information. Bponi may permit, in its sole discretion, adult websites that abide by law and regulation.
By submitting Content to Bponi for inclusion on your Website, you grant Bponi a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your store.
If you delete Content, Bponi will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Bponi has the right (though not the obligation) to, in Bponi’s sole discretion
- refuse or remove any content that, in Bponi’s reasonable opinion, violates any Bponi policy or is in any way harmful or objectionable, or
- terminate or deny access to and use of the Website to any individual or entity for any reason, in Bponi’s sole discretion. Bponi will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal
3.1. General Terms
Optional paid services such as extra storage, or domain purchases are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Bponi the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
3.2. Automatic Renewal
Unless you notify Bponi before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site's dashboard.
3.3 Refund Policy
Unless indicated otherwise at the explicit discretion of Bponi, all sales are final and no refunds are provided for any products or services provided. Any sales made via the Bponi Store Marketplace are subject to the refund policy of their respective owners.
4. Responsibility of Website Visitors
Bponi has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Bponi does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
Bponi disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Bponi Store links, and that link to Bponi Store. Bponi does not have any control over those non-Bponi Store websites and webpages, and is not responsible for their contents or their use. By linking to a non-Bponi Store website or webpage, Bponi does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Bponi disclaims any responsibility for any harm resulting from your use of non-Bponi Store websites and webpages.
6.Copyright Infringement and DMCA Policy
As Bponi asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Bponi Store violates your copyright, you are encouraged to notify Bponi via the contact page. Bponi will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Bponi will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Bponi or others.
7. Intellectual Property
This Agreement does not transfer from Bponi to you any Bponi or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Bponi. Bponi, Bponi Store, store.bponi.com, the Bponi Store logo, and all other trademarks, service marks, graphics and logos used in connection with store.bponi.com, or the Website are trademarks or registered trademarks of Bponi or Bponi’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Bponi or third-party trademarks.
8. Marketplace Products
By using a product from the Bponi Store Marketplace, you agree to the creator's terms of service. You can opt out of their terms of service at any time by ceasing to use the product in question.
9. Domain Names
Bponi works in cooperation with partners to ensure that you are able to use your own domain name with your Bponi Store site. By using a domain from one of Bponi's partners you agree to the partner's terms of service.
Bponi reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Bponi may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Bponi may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Bponi account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties
The Website is provided "as is". Bponi and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Bponi nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
13. Limitation of Liability
In no event will Bponi, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
- any special, incidental or consequential damages;
- the cost of procurement for substitute products or services;
- (for interruption of use or loss or corruption of data; or
- for any amounts that exceed the fees paid by you to Bponi under this agreement during the twelve (12) month period prior to the cause of action. Bponi shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty
You represent and warrant that
- your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Bponi, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Bponi and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Bponi, or by the posting by Bponi of a revised version.
The Agreement and these Conditions shall be governed by and construed in accordance with the law of England and Wales. Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Agreement.
Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Agreement. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Bponi may assign its rights under this Agreement without condition. This
Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.