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BoomBoom Prints™ Website Terms of Use

1. RULES OF ENGAGEMENT

BoomBoom Prints ("BBP") provides a platform where families & artists can connect. Our customers can find unique art from amazing artists from all over the world while artists can earn money from their passion by making it immediately available for sale on a variety of products – all without giving up control or ownership of their work. BBP lives by a simple saying: "Do What’s Right". We believe in amazing artwork, high quality products, and unmatched service. We are often in awe of what our artists can do and we think it is essential that they can express themselves in a fun and safe environment. When you post your work to BBP, it will be publicly available for anyone to view, or buy as a product. BBP enables you to publish, sell, comment on, promote, and purchase artwork and art-related products through BoomBoomPrints.com. We also provide additional benefits including production services, including payment processing, transaction handling, product manufacturing, packaging, order fulfillment and customer support.

Please read these terms of service (the "Terms") and BBP's Privacy Policy (www.boomboomprints.com/privacy) carefully. Before you may post content or use or sell works of art through the BBP services, you must agree to the Terms and the Privacy Policy. These Terms and the Privacy Policy are a legal agreement between you and BBP. CREATING A BBP ACCOUNT OR PURCHASING ART THROUGH THE BBP SERVICES INDICATES THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS AND THE PRIVACY POLICY, AND ALL OTHER RULES, POLICIES AND PROCEDURES RELATING TO THE BBP SERVICES, INCLUDING THE SITE, THAT BBP MAY PUBLISH FROM TIME TO TIME.

"You" means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 18 years of age and, if you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind such legal entity. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MAY NOT CREATE AN ACCOUNT OR USE THE BBP SERVICES.

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to the Terms will mean you accept those changes.

2. THE ARTIST AND ART WORK

Your Art

As between you and BBP, you own all and retain all rights in the art that you submit to BoomBoom Prints or post to the BBP website (the “Art”). You hereby grant BBP and its affiliates a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your Art in any format or medium now known or later developed for the purpose of promoting your Art, producing and promoting your Art, selling and distributing your Art (and products that include your Art) and providing the other BBP services to you (the services related to the Art provided by BBP, as described in this Section 2, shall be referred to as the “BBP Services”).>

You may remove your Art from BoomBoom Prints at any time. Once removed, the Art will no longer be available for sale. Any transactions currently in process will be fulfilled & BoomBoom Prints reserves the right to continue to use your Art in promotional and marketing material.

YOU, AND NOT BBP, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR ART THAT YOU MAKE AVAILABLE AND ALL ART YOU OFFER FOR SALE THROUGH THE BBP SERVICES, INCLUDING WITHOUT LIMITATION, THAT YOU OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN YOUR ART, INCLUDING WITHOUT LIMITATION, THE RIGHT TO MANUFACTURE, DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE YOUR ART.

You represent and warrant to BBP that: (1) you own all intellectual property rights in your Art or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your Art available through the BBP Services, to manufacture, distribute and sell products that include your Art and to grant BBP the rights granted to it in these Terms; (2) your Art and the manufacture, distribution and sale of products that include your Art does not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy; (3) you will review and comply with these Terms, the Privacy Policy, all other rules, policies and procedures that BBP may publish from time to time and all applicable laws, rules and regulations; and (4) your Art does not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

BBP reserves the right to prescreen your Art (but has no obligation to do so), to review and remove your Art from the Site, to suspend or cancel your account, and to cancel the BBP Services provided to you at any time in its sole discretion. If you submit Art or offer products for sale that include your Art that BBP, in its sole discretion, believes may infringe another party’s intellectual property rights, BBP may immediately terminate your account, in addition to any other remedies it may have. In order to make available Art or products that include your Art through the BBP Services, whether for sale or not, you must create a BBP account. When creating a user account, you must provide accurate, complete and updated registration information. You may not select a user name that is vulgar, offensive, or in general bad taste. You may never use another person's BBP account without permission from that user. You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether such activities are authorized, and for keeping your account password secure. You agree to notify BBP immediately of any breach of security or unauthorized use of your account. Although BBP will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BBP or others due to such unauthorized use. We reserve the right to require you to alter your password if we believe your password is no longer secure. BBP reserves the right to refuse to provide you with an account or cancel your account in its sole discretion.

When BBP sells your Art (or products that include your Art; together with the Art the "Product(s)") BBP will pay you a fee is that based on the sales price you set on your Products minus our then current sales fee and the then current item base price (the item base price is based on the type of Product sold; click here for the current pricing structure & fees: (see Pricing). BBP will provide you with fourteen days' notice (by email to the address you have provided us when you registered as a BBP artist) in the event BBP changes their sales or item fees. BBP does its best to pay you on the 1st of each month for all prior month sales & guarantees that within thirty days of the end of each calendar month, BBP will pay you the net proceeds related to BBP's sales of the Products in the just ended calendar month (i.e. your Product sales price paid to BBP minus the sales and item fees) minus any amounts related to returns, credits, discounts, allowances or credit card chargebacks associated with the sale of the Products (the "Product Payment"). You must notify BBP within thirty days of the date of the Product Payment if you feel that BBP has not correctly calculated the Product Payment. You will responsible for all taxes associated with the Product Payment. All prices and payments noted shall be in U.S. dollars.

3. SUBMISSIONS OF WEBSITE VISITORS

One of the goals of this website (www.boomboomprints.com; the "Site") is to create an environment that encourages users to share information and opinions with other users. The Site may include access to or use of one or more of the following interactive services: blogs, bulletin boards, chat areas, news groups, forums, communities and/or other message or communication facilities. All information, comments, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether publicly posted or privately transmitted to BBP or the Site, shall be collectively referred to as the "Content." The submitting user retains ownership of Content. Notwithstanding the user’s ownership of the Content, the submitting user grants the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to BBP to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. BBP has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. BBP shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. BBP, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Site users and the public.

4. PRINCIPLES OF PARTICIPATION.

In order to maximize the user experience at the Site, and avoid, eliminate or minimize some of the disruptive, disrespectful and nonproductive activity you often encounter at other websites and blogs, we ask you to follow these rules: (a) you shall not upload to, distribute through or otherwise publish through the Site any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law; (b) you shall not use the Site in any manner that could be offensive to the BBP online community, including but not limited to posting Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) you will use this Site only in a manner consistent with all laws and regulations and in accordance with the Terms; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from BBP for any purpose; (e) you will only submit Content for which you have the copyright or other specific permission to distribute electronically; (f) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights; and (g) you shall not, without our express written approval, distribute or otherwise publish any Content containing any solicitation of funds, advertising, or solicitation for goods or services.

5. THE SITE

The Site, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs, Art and other material and information contained on, or utilized in the provision of, the Site is the property of BBP, the BBP artists or its other suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. BBP hereby grants you a limited, nonexclusive, non-transferable personal license to use the Site for personal or informational purposes only. Except as expressly authorized by BBP in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Site for any purpose. All rights not expressly granted herein are reserved to BBP and/or its licensors.

To use certain features of the Site or participate in certain activities sponsored by BBP, we might ask you to register as a user or participant. If so requested, each Site user must: (1) personally provide true, accurate, current and complete information on the Site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, BBP has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, BBP may suspend or terminate any and all current or future use of the Site by that user. A user may receive passwords and account designations upon completing certain Site registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.

6. CHILDREN

The Site is not intended for use by children. If you are under 13, you may not submit or post any information or material on the Site or otherwise provide such information to BBP, including but not limited to personally identifiable information.

7. TERMINATION

BBP may terminate a user's ability to use the Site in BBP's absolute discretion and for any reason. BBP is likely to terminate your use of the Site for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of Site resources or attempt to gain unauthorized entry to the Site; or (3) as required by law, regulation, court or governing agency order. BBP's termination of any user's access to the Site may be effected without notice and, on such termination, BBP may immediately bar any further access to the Site. BBP shall not be liable to any user or other third party for any termination of that user's access to the Site. In the event of termination, BBP reserves the right to delete, or not delete a user's Content at BBP's sole discretion.

8. LINKS

The Site may provide links to other websites. BBP exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.

9. DISCLAIMER; LIMITATIONS OF LIABILITY

EACH USER'S USE OF THE SITE OR THE BBP SERVICES IS AT HIS OR HER SOLE RISK. THE SITE AND THE BBP SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND BBP ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY ART, CONTENT OR COMMUNICATIONS. BBP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BBP SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGESRESULTING FROM YOUR USE OF THE SITE OR THE BBP SERVICES. IN NO EVENT SHALL BBP’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $10.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. TRADEMARKS

"BOOMBOOM PRINTS" is a trademark of BBP. All other marks, names, and logos mentioned on the BBP site are the property of their respective owners. Your use of the BBP trademarks and other marks, names and logos set forth on the Site without prior written consent is strictly prohibited.

11. COPYRIGHTS

BBP respects the intellectual property rights of others, and requires that the people who use the Site do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit BBP to locate the material, including the full URL. (4) your name, address, telephone number, and email address. (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:

John Roberts
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55356
612-659-8443
jroberts@newcounsel.com

12. PRIVACY

BBP agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at http://www.boomboomprints.com/Privacy or by sending an e-mail request to: hello@boomboomprints.com.

13. GENERAL INFORMATION

The Terms constitute the entire agreement between each user and BBP and govern each user's use of Site or the BBP Services, superseding any prior agreements. The Terms and the relationship between each user and BBP shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the Hennepin County, Minnesota. This Site is controlled and operated by BBP from its offices within the State of Minnesota, United States of America. BBP makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. This Agreement shall be drafted and construed in English. Les parties aux présentes ont exigé que le présent contrat soit rédigé en langue anglaise. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisorfranchisee relationship of any kind between BBP and any user.