Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Legal Notice
  •  Terms of Service

    Please read this terms of service agreement thoroughly before using the buggzart.com site.

    Jennifer Lee Sevison, on behalf of herself and as the owner of Buggzart (hereinafter jointly referred to as “Buggzart”) appreciates your interest in the Buggzart website at www.buggzart.com (collectively, with the Materials and Services (each, as defined below), the "Site"). By visiting or using the Site, including without limitation, by (i) accessing, using, and/or downloading Materials, (ii) sending messages, information, data, text, software or images, or other Materials to the Site, or (iii) otherwise using, accessing or purchasing any Services, you ("you" or "your") agree on your own behalf, and on behalf of any person or entity on whose behalf you may act, to accept and abide by all of the terms and conditions set forth in this Terms of Service Agreement (this "Agreement"). It is important that you carefully read and understand the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please do not use the Site.

    Please note that this Agreement contains disclaimers of warranties and limitations of liability that may be applicable to you.

    We reserve the right at any time to:

    • change the terms and conditions of this Agreement;
    • change the Site, including eliminating or discontinuing any Material(s) or Services or other feature of the Site;
    • change any prices, fees and charges associated with the Site; or
    • deny or terminate your use of and/or access to the Site.

    Any changes we make will be effective immediately upon our making such change(s) available on the Site or otherwise providing notice thereof. You agree that by entering, re-entering, or continuing to use the Site thereafter you accept such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

    1. Products, Services and Materials Provided in Connection with the Site

    Please note that any products and services made available on, by or through the Site (collectively, the "Services"), as well as any materials provided on, by or through the Site or as part of or in connection with the Services or otherwise, including but not limited to data, text, software applications, images, audio and video clips, links and references (collectively, the "Materials"), are provided for personal, non-commercial purposes only. You acknowledge and agree that the Materials and Services are owned by Buggzart, its business partners, suppliers and/or licensors, as applicable, and are protected by intellectual property laws. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of Buggzart and/or its licensors and/or suppliers. You should be aware that the Materials and Services may be outdated and may contain errors, omissions, and inaccuracies (including errors, omissions and inaccuracies that result from inaccurate, outdated and/or incomplete information provided by you).

    2. Limited Permitted Use of Materials and Services

    The downloading, printing and other use of the Materials, and the provision of Services to you, is conditioned on your acceptance of any license agreement and/or other additional terms and conditions that are presented or provided in connection with any such Material(s) or Services, including agreements of third parties. By acquiring or using such Material(s) or Services, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of Buggzart or, if so indicated in writing by Buggzart, its licensors or suppliers. You understand and agree that you may not authorize, encourage or allow any Material(s) used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. You agree to advise Buggzart promptly of any such unauthorized use(s). You acknowledge and agree that Buggzart reserves the right to, and may, retain or delete the information, music, photos, video and other materials that you submit, at any time, in her sole discretion.

     

    3. Submissions and Postings

    3.1 Buggzart cannot accept or consider creative ideas, suggestions, or materials, such as original artwork or ideas for characters, stories, products or games (collectively, "Submissions") other than those we specifically request. If, despite our request that you not send such materials, you do send us Submissions, none of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. By submitting, sending, posting, displaying, performing and/or otherwise distributing Submissions to Buggzart, you hereby grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation and without an obligation to report to the provider of the Submissions, and waive all moral rights (including any rights to attribution) that you may have in such Submissions. You further agree that we and our designees shall exclusively own all documents, works and other materials that incorporate all or part of any Submission(s).

    3.2 You acknowledge and agree that other persons, including Buggzart employees and contractors along with others who have or will make Submissions, may have submitted or may submit in the future Submissions that are similar to the Submissions submitted by you. You acknowledge and agree that you will not receive any compensation because of Buggzart’s use of other similar Submissions. You agree that no confidential or fiduciary relationship is established between you and Buggzart as a result of your submission of the Submission. Buggzart has no obligation to use or distribute your Submissions. You also acknowledge and agree that, with respect to any portion of any of your Submissions that are not protectable, submission of the Submissions shall not be deemed to place Buggzart in any different position than members of the general public.

    3.3 You represent and warrant to Buggzart that (a) the Submissions do not and will not infringe any rights of any third party(ies), and that the Submissions do not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the Submissions have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into this Agreement and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the Submissions.

    3.4 We have no obligation to monitor the Site or any Submissions, postings or other materials that you or other third parties transmit or post on the Site. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the materials you transmit or post; to alter or remove any such materials; to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests. The information and opinions posted in materials on the Site are not necessarily those of buggzart.com or its affiliates, and Buggzart makes no representations or warranties regarding such posted materials. We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Site or others. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.

    4. Third Party Links

    The Site contains links to other web sites for your convenience. Buggzart has not reviewed, in their entirety, the web sites that are linked to the Site and does not control such sites or the content provided through such sites. Your use of linked web sites is subject to the privacy practices and terms of use established by the specific linked site, and Buggzart disclaims all liability associated therewith. The fact that Buggzart offers such links does not indicate any approval or endorsement by Buggzart of any linked web site or any material contained on any linked web site, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third party products, services or publications within the Site do not imply endorsement of, and Buggzart is not responsible for and disclaims any endorsement of, any such product, service or publication.

    5. Code of Conduct

    You agree not to:

    5.1. restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;

    5.2. express or imply that any statements you make are endorsed by us, without our prior written consent;

    5.3. post, transmit and/or otherwise make available through or in connection with the Site (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); (e) any content or information related to alcohol or the sale of tobacco products, ammunition, or firearms; or (f) any content or information related to wagering or gambling;

    5.4. post, transmit and/or otherwise make available through or in connection with the Site any content or information that would give rise to criminal or civil liability; that encourages conduct that would constitute a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking";

    5.5. post, transmit and/or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is potentially harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;

    5.6. impersonate any person or entity, including without limitation any representative of Buggzart; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement that you make;

    5.7. engage in spamming or flooding;

    5.8. upload any Submission that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Service or Site;

    5.9. use the Site in any manner that is unlawful, including accessing the Site from any location where such access may be illegal or otherwise prohibited;

    5.10. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

    5.11. remove any copyright, trademark or other proprietary rights notices contained in or on the Site;

    5.12. "frame" or "mirror" any part of the Site without our prior written authorization;

    5.13. use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;

    5.14. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission; and/or

    5.15. harvest or collect information about Site visitors or members without their express consent.

    When using the Site, you agree to comply with all applicable laws, rules and regulations.

    6. Purchases

    6.1. If you wish to purchase products or services described on the Site, you will be asked by us or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by us in the manner described in our Privacy Policy, which is available upon request by email to elena@buggzar.com. You agree that all information that you provide to us or such third party provider will be true, accurate, current and complete.

    6.2. You agree to pay all fees and charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. All amounts appearing on the Site are quoted in U.S. dollars.

    6.3. Descriptions or images of, or references to, products or services on the Site do not imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to change the prices, fees and charges associated with any product or service, to limit the order quantity on any product or service, to reject, correct, cancel or terminate any order, and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any product or service are subject to change without notice.

    6.4. Once you have completed your purchase, you will receive an e-mail confirming your order. Please keep this e-mail as it is your sales receipt and order confirmation for products and/or services ordered, and will include your order number. All order fulfillment e-mails will contain a contact e-mail address at buggzart.com which you should use to contact Buggzart if you require additional information about orders, pricing, products, services, accounts or passwords. The address for support is customercare@buggzart.com.

    6.5. Payments must be made using a valid credit card or valid PayPal account. Credit card payments may be processed on behalf of Buggzart by a third party credit card processing company.

    6.6. Subject to applicable law, shipping, return and exchange of any product or service purchased from the Site will be governed by buggzart.com's Shipping and Return policies. We reserve the right, without prior notification, to change our Shipping and Return policies at any time.

    7. Ownership and Restrictions

    7.1 The Site is owned and operated by Buggzart in conjunction with others pursuant to contractual arrangements, and the Site and any intellectual property and other rights relating thereto are and will remain the property of Buggzartand its licensors and suppliers. The Site is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile or disassemble any part of the Site (or any element thereof) without our prior written permission. The Site may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Buggzart or, if so indicated in writing by Buggzart , its licensors or suppliers. Use of the Site for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.

    7.2 The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Buggzart, our licensors and suppliers, and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Buggzart/, our licensors or suppliers, or the third party owner of any such Trademark and use of the Trademarks is expressly prohibited.

    8. Claims of Copyright Infringement

    The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Sanrio infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice should be sent to: elena@buggzart.com.

    9. Termination

    This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Site, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Buggzart rights of ownership shall survive any termination.

    10. Disclaimers

    10.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) BUGGZART AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, "BUGGZART’S REPRESENTATIVES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SITE IS CURRENT AND/OR UP-TO-DATE. BUGGZART AND BUGGZART'S REPRESENTATIVES DO NOT WARRANT THAT THE SITE OR ANY ELEMENT THEREOF, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF BUGGZART OR ANY OF BUGGZART’S REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE SHALL CREATE ANY WARRANTY.

    10.2 Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the Site notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.

    10.3 BUGGZART AND BUGGZART'S REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE.

    10.4 THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. BUGGZART’S REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.  

    10.5 A possibility exists that unauthorized alterations could be made by third parties to the Site. In the event that a situation arises in which the completeness or correctness of the Site is in question, please contact us at oscar@buggzart.com with, if possible, a description and location of the material to be checked, as well as information sufficient to enable us to contact you.

    10.6 YOU MAY ALSO HAVE OTHER RIGHTS UNDER APPLICABLE LAW WHICH VARY FROM STATE TO STATE

    11. Limitation of Liability

    NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER BUGGZART NOR ANY OF BUGGZART’S REPRESENTATIVES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS SITE OR ANY LINKED SITE IS TO STOP USING THE SITE OR LINKED SITE, AS APPLICABLE. BUGGZART’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE SITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

    12. Indemnification

    You agree to fully indemnify, defend and hold Buggzart, any of Buggzart’s representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the Site.

    13. Jurisdictional Issues

    The Site is solely directed to individuals residing in the United States or Canada.; and no individual located outside the United States or Canada shall have any right to access or use this Site at any time.  We make no representation that the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

    14. Access By Minors

    Buggzart wishes to inform you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web site of GetNetWise.org.

    15. Ability To Contract

    You affirm that you (a) are at least the age of majority (which is 18 years of age in most states in the United States), are an emancipated minor, or possess legal parental or guardian consent, and (b) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Please do not access or use the Site if you (x) are under the age of majority, are not an emancipated minor, or do not possess legal parental or guardian consent, and (y) are not fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

    16. Contacting Buggzart Regarding the Site

    Should you have any questions, comments or complaints regarding this Agreement or the Site, please contact us at: Buggzart, P.O. Box 11216, Oakland, CA 94611-0216, or call us at: (510) 547-6523.

    17. Notice for California Users

    Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

    18. Choice of Language

    The parties to this agreement have expressly requested and required that this agreement and all other related documents, be drawn up in the English language. Les parties convenient et exigent expressément que ce contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

    19. Miscellaneous

    This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Alameda, State of California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to 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. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement or any right, obligation or remedy hereunder is not assignable, transferable, delegatable or sublicensable by you except with Buggzart’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Buggzart may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof, and the singular shall include the plural and the plural the singular.