Terms of Service – Bogosplit

The Agreement below is effective for all Users, except to the extent if any it conflicts with Consumer Terms of Service for Consumer Users.
Last Updated on April 22, 2019

Bogosplit Terms of Service

1. Terms

Bogosplit is a platform operated by Bogosplit, LLC, a limited liability company organized under the laws of the state of Rhode Island (“Bogosplit”, “Company”, “us”, “we”, or “our”), which includes www.bogosplit.com website and Bogosplit mobile application, as well as all social media accounts operated by Bogosplit (collectively referred to as the “Service”) Bogosplit is a platform that allows businesses to connect with consumers and to promote their sales of products and events. Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, clients, users and others who access, download, or use the Service, except to the extent if any they conflict with Consumer Terms of Service for Consumers, in which case Consumer Terms of Service are controlling (“You”, “User”, “Client”, “Your”).

By registering with our Service, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Membership Rules

By registering your business with Bogosplit, you will agree to the following conditions:

Users must be 18 years old.
Users must provide valid and truthful information during all stages of Bogosplit account registration.
Users must not create more than one account per business.
Users must not use a proxy or otherwise attempt to mask or reroute their internet connection.
Users must not use a temporary or disposable email service.
Accounts may not be transferred, exchanged, sold, or otherwise change ownership, except as a direct result of corporate merger or acquisition.
We reserve the right to close your account if you are found to have violated our terms of service.
We reserve the right to request identification information such as a driver’s license or passport in order to verify your identity and/or corporate authority to act on behalf of the business. Failure to provide such information may result in account closure.
You acknowledge that Bogosplit has the absolute right in its sole discretion to decide what information is posted on our Service and that all content must be submitted through the Service for posting by Us, and that we have the absolute right in our sole discretion to post or not post any content submitted by a Business User for any reason.
You acknowledge that Bogosplit does not warrant or guarantee any additional website traffic nor any sales by your use of the Service.
You acknowledge and agree that you will abide in a timely manner with all purchase requirements.

3. Accounts

When you create an account with us, you must provide us the individual’s name who will act as primary point of contact for the business, the business name, primary business address, primary business phone number, email, website URL if applicable, and your business logo. By using the Service, you guarantee that the information you have provided is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

By using the Service, you expressly acknowledge that Bogosplit has the right to choose when and how to promote our Business Users. We have the right to cease promotion at any time and for any reason or no reason. We do require that our partners show us support by promoting us to their audience as well. Failure to abide by this requirement constitutes a breach of the Terms and may lead to immediate termination of your Account.

4. Termination

We may terminate or suspend your account immediately, without prior notice or liability, if you breach these Terms.

Upon termination, your right to use the Service will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

5. Fees Policy

Joining and posting on the Site is free. Bogosplit may charge fees for listing an item for sale, as well as a fee for the sale price when the item sells. When you list an item, you have an opportunity to review and accept the fees that you will be charged. Bogosplit’s Marketplace Policies (available online at https://bogosplit.com/marketplace-policies/ ), which is subject to change and is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Bogosplit’s services are effective upon being published on the Site. However, Bogosplit may choose to temporarily change the Fees Policy and the fees for Bogosplit’’s services for promotional events (e.g., free listing days). Such changes are effective when Bogosplit posts the temporary promotional event on the Site. Bogosplit may, at Bogosplit’s sole discretion, change some or all of Bogosplit’s services at any time. In the event Bogosplit introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

You are responsible for paying all fees and applicable taxes associated with using the Site or any other Bogosplit Services.

6. Marketplace Operation

In addition to these Terms of Use, you agree to the procedures and guidelines contained Bogosplit’s Marketplace Policies (available online at https://www.bogosplit.com/marketplace-policies/),which are incorporated by reference into and made a part of, these Terms of Use. Like these Terms of Use, Bogosplit may change Bogosplit’s Marketplace Policies without notice to you, and any such changes will be effective immediately upon posting, regardless of whether or not you received notice of such change(s). You should refer regularly to Bogosplit’s Marketplace Policies to understand the current procedures and guidelines. In the event there is a conflict between these Terms of Use and Bogosplit’s Marketplace Policies, Bogosplit’s Marketplace Policies shall supersede the Terms of Use and control use of the Site and the Marketplace.

1. Product Listings. By listing an item on the Site, you warrant that you and all aspects of the item comply with Bogosplit’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale. You are responsible for ensuring accuracy of all product listings, including but not limited to, pricing, descriptions, images, available quantities. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing. You are responsible for setting the listing price of each item to include shipping costs in accordance with Bogosplit’s Sale Fulfillment policies. Bogosplit may add a fee to any listing price for selling services.

Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Bogosplit may reject and remove from the Site any text descriptions, graphics, pictures and other content posted by any user of the Site or other Bogosplit Services at its discretion.

2. Rejection or Removal of Listings. Bogosplit may, in its sole discretion and determination, reject or remove product listings without notice to the Seller.

3. Bogosplit and its agents reserve the right to remove any and all postings or listings that Bogosplit determines, in its sole discretion, do not comply with these Terms of Use and any other rules of user conduct for the Site, or are otherwise harmful, objectionable or inaccurate. You expressly understand and agree that Bogosplit is not responsible for any delay in removing such postings.

4. Return Policies. All sellers are urged to outline return policies for their listing. Sellers must create reasonable policies in good faith and must abide by such policies. All return policies must comply with Bogosplit’s site-wide policies. Sellers are responsible for enforcing their own reasonable policies. Bogosplit reserves the right to request that a seller modify a listing return policy.

5. Binding Sale. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner. A sale may be voided under circumstances defined in Bogosplit’s Market Policies relating to Sale Voidance.

6. Transaction Payments. Marketplace payments are to be made directly by the Buyer to the Seller in accordance with Bogosplit’s site-wide policies. Payment may be made via PayPal. Seller is solely responsible for ensuring proper payment is received from Buyer, including any necessary taxes and shipping expenses, before fulfilling the sale. Bogosplit shall not be liable for any consequential, incidental, special, punitive or indirect damages incurred by Buyer or Seller for insufficient payments or Seller’s failure to ensure that proper payment was received from Buyer. Bogosplit collects its sale fee for providing the services of the Site; however, it is otherwise is not a party to such transactions, and does not facilitate such transactions, refunds or returns in any manner other than its sale fee, should it choose to refund in its sole discretion.

7. Buyer and Seller Communication. Seller is responsible for providing support for any sale-related issues beyond functionality of the Site or the Bogosplit Marketplace. As a condition of using the Site and the Bogosplit Marketplace, Sellers agree to use his/her/its best efforts to offer support and assistance in the resolution of Buyers’ concerns and disputes.

Communication between Buyer and Seller shall be conducted as outlined in Bogosplit’s Marketplace Policies relating to Buyer and Seller Communication.

8. Sale Fulfillment. The Seller is obligated to fulfill the order or otherwise complete the transaction with the Buyer in a prompt manner in accordance with Bogosplit’s Marketplace Policies relating to Sale Fulfillment.

7. Content

You agree not to post to Bogosplit’s website or social media, or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:

is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information from other Members;
involves commercial activities and/or sales without Bogosplit’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
denigrates, ridicules, or demeans another person; or
contains a virus or other harmful component.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the website in a manner that sends more request messages to the Bogosplit servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

8. Intellectual Property

The Service and its original content (excluding Content provided by Consumer or Business Users), features and functionality are and will remain the exclusive property of Bogosplit, LLC. The Service is protected by copyright, trademark, and other laws of the United States, United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bogosplit.

9. Third Parties

The service may employ the use of third-party services for such purposes as marketing and advertising optimization and hosting and maintaining our Service. The third parties We currently use are Google Ads, Admob, WordPress, and Sitegrounds, but these are subject to change at any time without notice. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Additionally, as part of the Service, the Company may provide you with links to other third-party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Content”). These links are provided as a courtesy to Members. The Company has no control over Third Party Sites or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Content. Such Third Party Sites or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Service or any Third Party Content posted on, available through or installed through the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. Please be aware that Bogosplit may receive compensation for any purchase made through any Third-Party sites or applications linked from our Service.

10. Copyright Complaints

(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected Third-Party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information via email to the Company’s designated copyright agent at admin@bogosplit.com:

The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Rhode Island and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 14 business days or more after receipt of the counter-notice.

11. License Grant

By posting any User Content via the Site, Application, or through any Bogosplit social media account, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness to the extent such is contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site.

12. Indemnification

Any information provided to Bogosplit by the User is truthful to the best of the User’s knowledge and in the event any such information changes, the User shall notify Bogosplit of any such change within a commercially reasonable time. You agree to defend, indemnify and hold harmless Bogosplit and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you, your business, or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

13. Limitation of Liability

No license to the user is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing Bogosplit’s responsibilities and obligations to clients in accordance with applicable laws and regulations.

In no event shall Bogoplit, nor its company’s directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

14. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance

Bogosplit, LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service are free of viruses or other harmful components; d) the results of using the Service will meet your requirements, or e) that any item(s) obtained through the Service will be free from defect or function as intended.

We are not responsible for any virus or malware, and related harm, injury and damage, of any nature that your computer or other devices become in contact with while you are using our website, tools or services. Please maintain up to date anti-virus anti-malware software at all time while you are using our website, and related tools, services and functions. We are not responsible for any loss, injury or damage of any nature that takes place due to your following of any Photoshop related or other educational or informative instructions you are exposed to via our website or service.

15. Availability, Errors and Inaccuracies

We are constantly updating our Service. From time to time, we may experience delays in updating information on the Service. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be described inaccurately or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

16. Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will We ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Bogosplit, LLC, or any person for whom the Company is responsible, and even if We have been advised of the possibility of such loss or damage being incurred.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

17. Governing Law

We will try to solve any disagreements quickly and efficiently. The Terms and Conditions, and any dispute concerning or relating to the website or your use of the Service, shall be governed by the laws of the United States and the State of Rhode Island, without regard to conflict of laws principles. You consent to personal jurisdiction and venue in the state and federal courts located in or nearest to Providence County, Rhode Island, and you shall not commence or prosecute any action except in the foregoing courts.

The caption to each Section of these Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.

18. Site Terms and Conditions Modifications

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any revisions. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

19. Severability of Terms/Waiver/Entire Agreement

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. In no event shall delay or failure to enforce any right or obligation under these Terms of Use be construed as waiver of any such right or obligation by Bogosplit. These Terms, including the Privacy Policy, also posted on this site and hereby incorporated by reference, represent the entire agreement between Bogosplit and you relating to the subject matter contained herein.

20. Privacy Policy

Please refer to our Privacy Policy. You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Service.

21. Contact Us

If you have any questions about the rights and restrictions above, please contact us at: info@bogosplit.com

BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS.