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TERMS & CONDITIONS

Welcome to OyoBox.com (the “Site”).  OyoBox provides this Site as a service to our customers.  Please read carefully the following terms and conditions that govern your use of our Site (the “Agreement”).

Please note that your use of our Site constitutes your agreement to follow and be bound by these terms.  If you do not agree to these terms, you should not use this Site.  Since OyoBox may revise this Agreement at any time, you should visit this page periodically to review the terms of use.  Throughout this Site, the terms “we”, “us”, and “our” refer to OyoBox.

ELECTRONIC COMMUNICATIONS

When you visit this Site, or send us emails, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by email or by posting notices on this Site.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy your legal requirement that such communication be in writing.

LICENSE AND RESTRICTION ON USE

We grant you a non-exclusive, limited license to use this Site and to view all its Content (as defined below) solely for personal, non-commercial use.  You may download or print the content displayed on the Site for your personal use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices.  No right, title, or interest in any downloaded or printed materials is transferred to you as a result of any such downloading or printing.  You may not reproduce (except as noted above), publish, transmit, distribute, display, create derivative works from, sell of participate in any sale of, or exploit in any way, in whole, or in part any of the Contents, the Site, or related software.

Unless otherwise noted, all materials, including text images, illustrations, designs, icons, photographs, audio clips, video clips, and written and other materials that are featured on, or form a part of this Site (collectively, the “Content”), whether protected by copyright, trademark, privacy and publicity and/or other intellectual property or other laws and regulations, are owned, controlled, or licensed by OyoBox, and may not be used except as permitted by these terms, or (with respect to specific materials featured on, or forming a part of this Site) as otherwise permitted with the prior written permission of OyoBox. The Site as a whole is protected by copyright, trademark, privacy and other laws, and may not be used except as permitted in these terms.  You may not modify the materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose.  Any unauthorized use of any such materials may violate copyright laws, trademark laws, laws of privacy and publicity, and/or other intellectual property or other laws and regulations.

This Site is designed and intended for use by adults only. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this Site.

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that can constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials.  We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

You agree that no Materials submitted by you to the Site will violate any right of any third party, including copyright, trademark, publicity and privacy or other personal or proprietary right(s).  You further agree that no Materials submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any materials that you submit.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on our Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

DISCLAIMER

Oyo Box provides the materials and services on this site “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for  particular purpose, or non-infringement of intellectual property.  Oyo Box expressly disclaims any duty to update or revise the materials of this site, although Oyo Box may modify the materials at any time without notice.  Neither we nor any of our affiliates warrant the accuracy or completeness of the materials or services on or through this site.  The materials and services on or through this site may be out of date, and neither we nor any of our affiliates make any commitment or assume any duty to update such materials or services.

For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may remove or edit content, or make other changes in information about price and availability, without notice. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law.

PRODUCT INFORMATION

The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the U.S., are subject to change at any time, and may be different in retail locations.

ACCOUNTS

Some features that may be available on this Site require registration.  By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.  If you use this Site and such use requires setting up and account and/or password (s), you are solely responsible for maintaining the confidentiality of your account and password (s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

ORDERS

The information on the Site does not constitute binding offer to sell products described on the Site or to make such products available in your area.

When an order is placed, it will be shipped to the address designated by the purchaser as long as the shipping address is complaint with the shipping restrictions contained on the Site.  The risk of loss and title for all items purchased from this Site as to you upon delivery of the items to the carrier.  You are responsible for filing any claims with carriers for damages/lost shipments.  It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Site.  By placing an order, you represent that the products or will be used only in a lawful manner.

While it is our practice to confirm orders by email, the receipt of an email or a confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.  We reserve the right without prior notice, to limit the order quantity of any product or service and/or to refuse service to any customer in our sole discretion.  We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged.  You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site.  We also may require verification of information prior to the acceptance and/or shipment of any order.  We further reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

SALES TAX

When purchasing online at OyoBox.com, your packing slip, sent with your shipment, serves as a receipt. Sales tax is charged only on orders sent within the states of California and New York.  OyoBox is not required to, and therefore does not, collect sales tax or use tax outside such States.  The majority of the products sold by OyoBox is subject to your state use tax unless it is specifically exempt from your tax. Your purchase is not exempt from taxes merely because it is made over the internet of by other remote means.  Your state may require purchasers to report all purchases that were not taxed and pay tax on those purchases, and that the tax be reported and paid on your state individual income tax return or by filing a consumer use tax return, dependent on if your state imposes a use tax and a return for remittance of payment. Your referenced forms and corresponding instructions may be available on your home state website. OyoBox may be required to inform your state of the total amount of all of a purchaser's purchases. When you place your order online, we provide an estimated sales tax. Actual sales tax will be calculated and charged at the time your order is shipped.

TRADEMARK INFORMATION

Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of ours and our affiliates. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Except as otherwise stated in these terms, nothing contained on this Site grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without our written permission or the written permission of the owner thereof.

LIMITATION OF LIABILITY

You acknowledge and agree that you assume full responsibility for you use of the site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from you access to, use of, or browsing this site or your downloading of any materials, from this site in no event will we, our respective officers, directors, employees, shareholders, affiliates, parent corporations, agents, successors, assigns, retail partners nor any party involved in the creation, production or transmission of this site be liable to any party for any indirect, special punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of the use, inability to use, or the result of use of this site, any web sites linked to this site, the content or the materials, information or services contained at any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages the foregoing limitations of liability do not apply to the extent prohibited by law.  Please refer to your local laws from such prohibitions.  In the event of any problem with this site or any content, you agree that your sole remedy is to cease using this site in the event of any problem with the products or services that you have purchased on or through this site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services.

MISCELLANEOUS

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting products and services provided by OyoBox available in the United States.

This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts sitting in New York. The waiver of any provision of these terms shall not be considered a waiver of any other provision or of OyoBox right to later require strict observance of each of the terms herein. If any provision of these terms is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect. This constitutes the entire Agreement between us relating to your views of the Site and supersedes any previous Agreements between us relating to your use of this Site. A printed version of these terms shall be admissible in judicial and administrative proceeding based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 


PRIVACY POLICY- EFFECTIVE DATE: JANUARY 2013

Oyobox operates this Web site, Oyobox, Inc. recognizes that you care how information about you is used and shared.  We have created this Privacy Policy to inform you of our information collection, use and sharing practices for OYOBOX.COM.

Please be advised that the practices described in this Privacy Policy apply only to information gathered through this Web site and, where applicable, through our Customer Service Department in connection with this Web site, and do not necessarily reflect our practices with respect to information gathered through other Web sites that we operate or through other off-line means.

If you have any questions regarding this Privacy Policy, you should contact our Customer Service Department.

WHAT INFORMATION ABOUT ME IS BEING COLLECTED AND STORED?

We collect and store information that you enter into this Web site that you provide to our Customer Service Department.  For example, when you open an account, participate in a survey or contest or place an order, we collect and store some or all of the information that you provide, including: name, billing address, shipping address, email address, telephone number, credit card number and expiration date.  This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. 

We collect information regarding customer traffic patterns and site usage.  This information is used to analyze and improve this Web site, to gather demographic information about our user base as a whole and to provide our customers with a fulfilling shopping experience.

When you log in at this Web site with your username and password, we will assign you a secure session id. We recommend that you leave cookies “turned on” so that we can offer you a better shopping experience on this Web site.

We also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our data base and to provide product recommendations and special offers that we think will interest you.

IS INFORMATION COLLECTED FROM CHILDREN?

We do not sell or ship any items ordered through this Web site directly to anyone who we know to be under the age of 14, nor do we collect any personal information from anyone who we know to be under the age of 14.  If you are under the age of 14, you should use this Web site only with the involvement of a parent or guardian and should not submit any personal information to us.

WITH WHOM DO YOU SHARE YOUR INFORMATION?

We many release personal information if we believe in good faith that: the law or legal process requires it; we have received a valid administrative request from a law enforcement agency; or such release is necessary to protect the rights, property or safety of OYOBOX.COM, or any of our respective affiliates, business partners, customers or others.  We may share non-personal information with our marketing partners, advertisers and others from time to time.  Examples of such non-personal information include the number of users who visited this Web site during a specific time period or purchased a specific product through this Web site.  This information generally is shares in an aggregated form.

We engage third parties to perform services in connection with the operation of our business.  Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Web site evaluation, data analysis and, where applicable data cleansing.  We provide personal information to these third parties, but we authorize them to use this information only in connection with the services they perform.

We share aggregated demographic information about our user base with our agents, including agencies or third party vendors so that they can provide marketing analysis and consult on advertising strategies.  This information does not identify individual users.

We do not share with others, or sell or rent to others, any personal information that you provide to us through this Web site or through our Customer Service Department, except with your consent or as described in this Privacy Policy.

As with any business, it is possible that as our business develops, we might go through a business transition, such as a merger, acquisition by another company, sale of all or portion of our assets or buy online stores or other assets.  In such transactions, information about customers often is among the transferred assets. You will be notified via a prominent notice on our site for 30 days of any such change in ownership or control of your personal information.  You consent to the transfer of your personally identifiable information to any such successor entity unless you notify us via email to the contrary.

WHAT STEPS ARE TAKEN TO KEEP MY INFORMATION SECURE?

We use various security measures, including Authorize.net, to protect personal information that we collect. If you place an order through this Web site, you will be asked to set up and account and provide and email address and password.  You must provide and appropriate email address and password in order to access account information.  In order to help protect your personal information further, you should be careful about providing you password to others. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact our Customer Service Department.

We follow generally accepted industry standards to protect the personal information submitted o us, both during transmission and once we receive it.  No method of transmission over the Internet, or method of electronic storage, is 100% secure, however.  Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security.

HOW WILL I BE INFORMED ABOUT CHANGES REGARDING THIS PRIVACY POLICY?

If we make any changes to this Privacy Policy, we will post a notice on this Web site notifying users of the changes. In some cases, we also may send an email notifying users of the changes. We reserve the right to change this Privacy Policy at any time, so you should check this Web site periodically to see if any recent changes to this Privacy Policy have occurred.

HOW CAN I ACCESS, CORRECT AND UPDATE MY PERSONAL INFORMATION?

You can access, correct and update certain personal information that you have provided to us by clicking on “Update Account” within the “My Account” area of this website.

HOW CAN I CONTACT YOU WITH ANY QUESTIONS?

Customer Service Department

OyoBox, Inc.

34 East 67th Street, 3rd Floor

New York, New York 10065

Phone: (855) 696-2695


Everyday Free Returns

We want you to be fully satisfied with every product that you purchase from oyobox.com. If you are not satisfied with a product that you have purchased, you may return the product within 30 days of delivery for a full refund of the purchase price, minus the shipping, handling and other charges.

We ask that the product be unused, in original boxes and with all paperwork, parts and accessories in order to ensure credit. Sale merchandise will be issued a oyobox.com credit at the current selling price.

Please make sure to have all paperwork, parts and accessories to ensure credit. 

Credit

Credit for gift returns will be issued to the original purchaser.

Please make sure to have all paperwork, parts and accessories to ensure credit.

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