Bento Box Studios Terms and Conditions
Last Updated: November 14, 2022
Welcome to Bento Box Studios. Please read carefully these Terms of Service (the "Terms") and our Privacy Policy ("Privacy Policy") because they govern your use of our Site and the informational services related to our mission and accessible via our Site. To make these Terms easier to read, the Site and our services are collectively called the "Services."
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. USERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BBSTUDIOS LLC THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION.
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.
2. Privacy Policy. Please refer to our Privacy Policy, which also governs your use of the Services, for information on how we collect, use, and share your information.
3. Changes to Terms or Services. We may update the Terms from time to time in our sole discretion. If we do, we'll let you know by posting the updated Terms on the Sites and/or we may also send other communications. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don't agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
a. Eligibility. BBStudios LLC encourages guests of all ages to visit and browse the Site. If you are under 18 years of age, you may only use the Site if your parent or legal guardian reviews these Terms and accepts them on your behalf. Parents and guardians are responsible for the acts of their children. Some features of the Site and Services are provided to all users, but for other aspects, such as the ability to create an account, you must be at least 13 years of age (or older as required by applicable laws). For online purchasing through the BBStudios Store, you must be at least 18 years of age.
5. Feedback. We welcome feedback, comments, ideas, proposals, and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at hello@bwntoboxstudios.com. If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
6. Product Display. The BBStudios Goods prices and selection prices and availability are subject to change without notice. BBStudios reserves the right at any time to correct any pricing errors that inadvertently occur in the Goods section, to change or to revoke any limited-time offer, and to correct any errors, inaccuracies, or omissions in the Goods section, including after your order has been submitted or confirmed or your credit card charged. BBStudios attempts to display images of Goods’ products as accurately as possible, but cannot guarantee that the color of the product you see in the Goods section matches the actual product color because the color display may vary according to the monitor used to view the BBStudios website.
7. Order Acceptance and Confirmation. BBStudios will provide an email or other form of confirmation after receipt of your order. Your receipt of an order confirmation merely confirms BBStudios' receipt of your order and neither indicates BBStudios' acceptance of your order nor confirmation of BBStudios' offer to sell. BBStudios reserves the right at any time and for any reason after receipt of your order to accept or decline your order and, subject to availability, to limit the quantity of your order. If BBStudios cancels all or any part of your order after your credit card has been charged, BBStudios will refund the billed amount as a credit to your credit card account. Your bank policy will determine when the amount is credited to your account. BBStudios reserves the right to refuse, limit, or cancel orders of products intended for resale by dealers or other resellers.
8. Payment. By submitting an order through the BBStudios Goods section, you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so that we can complete your Transaction and charge your payment method for the Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or communicated to you. All payments for Transactions are non-refundable and non-transferable, except as expressly provided in these Terms and the BBStudios Goods Return Policy. All fees and applicable taxes, if any, are payable in United States dollars. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we'll refund any payment you have already remitted to us for such Transaction.
d. Shipping and Handling. Please review the BBStudios Goods’ Shipping and Handling Policy page to learn how and when you will receive the products you purchased from BBStudios.
e. Return/Exchange Policy. BBStudios carefully creates its products for your enjoyment. In the unlikely event that a product is not what you expected it to be, please review the BBStudios Return Policy page to learn how and when you may return or exchange a product purchased from BBStudios.
9. Content Ownership, Responsibility, and Removal.
a. Permissions to BBStudios Content is subject to your compliance with these Terms. BBStudios grants to you a limited, non-exclusive, nontransferable license, with no right to sublicense, to download, view, copy, display, and print any text, files, documents, graphics, images, music, software, audio, and video made available by BBStudios through the Sites and Services, but solely for your personal and non-commercial purposes in connection with your permitted use of the Services. If you are a teacher or an educator, you may download, view, copy, display, print, perform, distribute, and use such content solely for classroom or workshop instruction in a school, museum, or other non-profit educational organization, but you may not modify, adapt, prepare derivative works based upon, publish, sell, license, transfer, or distribute on a for-profit or commercial basis any such content without BBStudios' prior written authorization.
The authorization in the prior sentence does not apply to corporations that package, prepare, or sell educational materials.
f. Restrictions on BBStudios Content. You may not use, copy, download, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Sites, Services, or their content for any commercial purpose without BBStudios’ prior written authorization. To request such authorization, please contact BBStudios at hello@bentoboxstudios.com. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Studios or its licensors, except for the licenses and rights expressly granted in these Terms.
10. General Prohibitions and BBStudios Enforcement Rights. You agree not to do any of the following:
a. Post, upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
b. Use, display, mirror, or frame the Services or any individual element within the Services, the Bento Box Studios name, trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without BBStudios’ express written consent;
c. Access, tamper with, or use non-public areas of the Services, BBStudios’ computer systems, or the technical delivery systems of BBStudios’ providers;
d. Attempt to probe, scan, or test the vulnerability of any JBBStudios system or network or breach any security or authentication measures;
e. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by BBStudios or any of BBStudios’ providers or any other third party (including another user) to protect the Services or Content;
f. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by BBStudios or other generally available third-party web browsers;
g. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
h. Use any meta tags or other hidden text or metadata utilizing a Bento Box Studios trademark, logo URL, or product name without BBStudios’ express written consent;
i. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
j. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
l. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
m. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
n. Impersonate or misrepresent your affiliation with any person or entity;
o. Violate any applicable law or regulation; or
p. Encourage or enable any other individual to do any of the foregoing.
BBStudios is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. DMCA/Copyright Policy. BBStudios respects copyright law and expects its users to do the same. It is BBStudios’ policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
12. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
13. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at hello@bentoboxstudios.com. Upon any termination, discontinuation, or cancellation of the Services or your account, the following Sections will survive: 7(a) (Product Display), 7(b) (Order Acceptance and Confirmation), 7(c) (Payment, but only for payments due and owing to BBStudios prior to termination), 8(b) (Permissions to Your User Content), 8(c) (Your Responsibility for User Content), B(f) (Restrictions onBBStudios Content), 9 (General Prohibitions and BBStudios’ Enforcement Rights), 12 (Termination), 13 (Warranty Disclaimers), 14 (Indemnity), 15 (Limitation of Liability), 16 (Governing Law and Forum Choice), 17 (Dispute Resolution), and 18 (General Terms).
14. Warranty Disclaimers. THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Services.
15. Indemnity. You will indemnify and hold BBStudios and its officers, directors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
16. Limitation of Liability.
a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BBSTUDIOS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BBSTUDIOS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
b. TO THE MAXIMUM EXTENT PERMITTED BY LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL BBSTUDIOS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO BBSTUDIOS FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BBSTUDIOS, AS APPLICABLE.
c. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BBSTUDIOS AND YOU.
17. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and BBStudios are not required to arbitrate will be the state and federal courts located in the County of Los Angeles, California, and you and BBStudios each waive any objection to jurisdiction and venue in such courts.
18. Dispute Resolution.
a. Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Content (collectively,"Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and BBStudios agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and BBStudios are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
b. Exceptions and Opt-out. As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
c. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
d. Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
e. Injunctive and Declaratory Relief. Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
f. Class Action Waiver. YOU AND BBSTUDIOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
g. Severability. With the exception of any of the provisions in Section 17(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms.
Reservation of Rights. BBStudios and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement betweenBBStudios and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between BBStudios and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without BBStudios’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. BBStudios may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices. Any notices or other communications provided by BBStudios under these Terms will be given via email by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. BBStudios failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BBStudios. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact BBStudios at hello@bentoboxstudios.com, 714.793.8292, or 9121 Atlanta Ave. #233, Huntington Beach CA 92646.