TERMS OF SERVICE
Please read these Terms of Service carefully before accessing or using the website operated by Boho Nook at bohonook.com.
1. ACCEPTANCE OF TERMS
1.1. These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," "your," or "User"), and Boho Nook ("Boho Nook," "we," "us," or "our"), concerning your access to and use of the bohonook.com website, any related subdomains, and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Website").
1.2. By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Website and you must discontinue use immediately.
1.3. Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change.
2. ACCESS AND WEBSITE USE
2.1. Boho Nook grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial purposes, subject to your compliance with these Terms.
2.2. You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
3. PROHIBITED USES
3.1. You may not access or use the Website for any purpose other than that for which Boho Nook makes the Website available. The Website may not be used in connection with any commercial endeavors except those specifically endorsed or approved by Boho Nook.
3.2. Prohibited activities include, but are not limited to: (a) Systematically retrieving data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. (b) Making any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. (c) Engaging in unauthorized framing of or linking to the Website. (d) Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website. (e) Attempting to impersonate another user or person or using the username of another user. (f) Selling or otherwise transferring your profile. (g) Using any information obtained from the Website in order to harass, abuse, or harm another person. (h) Using the Website as part of any effort to compete with us or otherwise using the Website and/or the content for any revenue-generating endeavor or commercial enterprise. (i) Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Website.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. All content on the Website, including but not limited to text, graphics, images, photographs, code, software, trademarks, service marks, logos, and data compilations (collectively, "Content"), is the property of Boho Nook or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws.
4.2. You are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Any commercial use or reproduction, distribution, public display, or performance of the Website Content, in whole or in part, is strictly prohibited without the express prior written consent of Boho Nook.
5. LIMITATION OF LIABILITY
5.1. In no event shall Boho Nook, nor its 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 Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; 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.
5.2. The aggregate liability of Boho Nook to you for any and all claims arising out of or in connection with the use of the Website shall not exceed the amount paid by you, if any, for accessing or using the Website, or One Hundred US Dollars ($100.00), whichever is greater.
6. INDEMNIFICATION
6.1. You agree to indemnify, defend, and hold harmless Boho Nook, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney fees and costs, arising out of or in any way connected with your access to or use of the Website, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
7. TERMINATION
7.1. Boho Nook may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
7.2. Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website.
7.3. 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.
8. GOVERNING LAW AND JURISDICTION
8.1. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Boho Nook is primarily located, without regard to its conflict of law provisions.
8.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
9. CHANGES TO THE TERMS
9.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
9.2. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
10. CONTACT INFORMATION
10.1. For any questions or concerns regarding these Terms of Service, please contact us at:
Email: [email protected]
Last Updated: October 26, 2023