Terms of Use.

Terms of Use for A Night with Bookbox

Last Updated: July 20, 2024

These Terms of Use ("Terms") govern your access to and use of the website located at anightwithbookbox.com (the "Website") and the services offered by A Night With Bookbox (the "Company"). By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access or use the Website.

You must be at least 18 years old to access or use the Website. By accessing or using the Website, you represent and warrant that you are at least 18 years old and of legal capacity to enter into a binding agreement.

The Company may revise and update these Terms at its sole discretion. The revised Terms will be effective immediately upon posting on the Website. You are encouraged to review the Terms periodically for any changes. Your continued access or use of the Website following the posting of revised Terms constitutes your acceptance of the revisions.

1.     Account Creation and Responsibility

You may create an account on the Website ("Account") to access certain features and functionalities. To create an Account, you will be required to provide certain information, such as your name, email address, and password. You are responsible for ensuring that all information provided to create your Account is accurate, complete, and current. You are also responsible for maintaining the confidentiality of your Account login credentials and for all activity that occurs under your Account.

You agree to use your Account in accordance with these Terms and all applicable laws and regulations. You are responsible for:

  • Any activity that occurs under your Account, including any unauthorized use.

  • Protecting your Account login credentials from unauthorized access.

  • Immediately notifying us of any unauthorized use of your Account or any other security breach.

  • Not creating multiple Accounts without our express permission.

  • Not impersonating any other person or entity.

We reserve the right to deactivate your Account at any time, with or without notice, for any reason, including, but not limited to, your violation of these Terms.’

 

2.    Information on our Website

We strive to provide accurate and up-to-date information on the Website. However, we cannot guarantee the accuracy, completeness, or reliability of any information contained on the Website, including:

  • Product descriptions and specifications

  • Pricing information

  • Availability of products

  • Shipping information

  • Information obtained from third-party sources

You acknowledge and agree that you rely on any information contained on the Website at your own risk. We recommend you independently verify any information before making any decisions based on it.

We reserve the right to change or modify the information on the Website at any time without prior notice.

 

3.    Box Release Schedule and Availability

A Night with Bookbox releases curated book boxes periodically throughout the year. While we strive for a consistent release schedule, we prioritize creating a high-quality experience for our customers. This includes carefully selecting a book that meets our criteria and curating the additional bookish items that will be included in each box.

To create anticipation and excitement, a countdown timer will be displayed on the website prior to the opening of sales for each new book box. The sale window for each box will be open for a period of 30 days. Once the sale window closes, no further orders will be accepted for that particular box.

Please note that due to the curated nature of our boxes and the potential for limited edition items, each box may have a limited quantity available. We encourage you to place your order early to avoid disappointment.

 

4.    Orders and Payment

You can place orders for our book boxes through the secure checkout process on our website. During checkout, you will be asked to provide your shipping address, billing address (if different), and chosen payment method. We accept various payment methods as displayed on the website. Your payment information will be transmitted securely using industry-standard encryption protocols. Once your order is placed, you will receive a confirmation email with all the details of your purchase. Please review this confirmation email carefully and contact us immediately if you notice any errors.

We utilize a reputable third-party payment processor to handle all financial transactions on our website. You agree to comply with the terms and conditions of our chosen processor. For your security, we do not store your full credit card information on our servers.

Your payment authorization constitutes your agreement to pay the total amount due for your order, including any applicable taxes and shipping costs. We reserve the right to decline orders for any reason, including product unavailability, payment verification issues, or suspected fraudulent activity.

Book boxes will be available for pre-order. We will clearly indicate on the product page if a box is available for pre-order and the estimated shipping date. If an item you order is on backorder, we will contact you to inform you of the estimated shipping date.

We understand that plans may change. We will try our best to accommodate order changes before your order is shipped. You can request order changes by contacting us at info@anightwithbookbox.com as soon as possible. Unfortunately, we cannot guarantee that we can accommodate order changes once your order has been processed for shipment. See clause 6 for more info.

 

5.    Contract Formation

By accessing and using the Website, you are offering to be bound by these Terms. This offer extends to all features and functionalities available on the Website. The Company accepts your offer by allowing you to continue using the Website. This includes browsing product offerings, creating an account (if applicable), and placing orders.

Placing an order for a book box on the Website signifies your offer to purchase that specific box. The Company considers your offer upon receiving your order. The Company's acceptance of your order for a book box is confirmed by sending you an email. This email will contain details of your purchase, including the specific box contents, price, and estimated shipping timeframe.

Your order for a book box becomes a binding contract only upon receipt of the confirmation email from the Company. This email serves as your official confirmation of purchase.

 

6.    Shipping

The cost of shipping your book box will be included in the box price.

We understand the excitement of receiving your book box, and we aim to have all orders shipped within 60 days of the close of the respective sale window. However, it's important to note that lead times for our curated boxes can be estimates, as there may be unforeseen delays beyond our control. We are committed to transparency and will keep you updated on the status of your order through regular communication until your book box is shipped.

All book boxes purchased through our website are shipped under a shipment contract. This means that once we deliver your box to the carrier, the risk of loss and ownership of the items transfer to you.

 

7.    Returns and Refunds

In order to maintain the curated nature of our book boxes and ensure the high quality of the experience we offer, all sales for book boxes are final. This means that we are unable to offer refunds or returns on opened or used book boxes.

We understand that unforeseen circumstances may arise. We will consider exceptions to our final sale policy on a case-by-case basis for the following situations:

  • Damaged or Defective Items: If you receive a book box that is damaged upon arrival or contains defective items, please contact us within 3 days of receipt. We will work with you to resolve the issue, which may include a replacement or store credit.

  • Incorrect Item: If you receive a book box that is different from the one you ordered, please contact us within 3 days of receipt. We will arrange for the return of the incorrect box and ship the correct box to you as soon as possible.

If your situation falls under one of the exceptions outlined above, please contact us at info@anightwithbookbox.com with your order number and a description of the issue. We will provide you with instructions on how to return the item(s) for a replacement or store credit. You will be responsible for the shipping costs associated with returning any items.

Please note that the Company reserves the right to make the final decision regarding all requests for exceptions to our final sale policy.

 

8.    Content and Intellectual Property

The Website and all content and materials displayed on it (collectively, the "Content") are the property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. The Content includes, but is not limited to:

  • Text, graphics, logos

  • Images, photographs, illustrations

  • Designs, product descriptions

  • Software, code, scripts

  • Audio and video content

You are granted a limited, non-exclusive, non-transferable license to access and use the Content for your personal, non-commercial use only. You may not:

  • Copy, reproduce, modify, translate, or adapt the Content without written permission from the Company.

  • Create derivative works from the Content.

  • Reverse engineer, decompile, or disassemble the Content.

  • Remove or alter any copyright notices or other proprietary markings from the Content.

  • Use the Content for any unlawful or unauthorized purpose.

The Website may allow you to submit your own content, such as reviews, comments, or photos (collectively, "User-Generated Content"). By submitting User-Generated Content, you grant the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, translate, and distribute your User-Generated Content in any media format, and to display it on the Website or in marketing materials.

You retain ownership of any intellectual property rights you have in your User-Generated Content. However, you agree that the Company and its licensees may use your User-Generated Content in accordance with the license you grant.

You acknowledge and agree that you waive any and all moral rights you may have in your User-Generated Content, including the right of attribution and the right of integrity.

You are responsible for ensuring that your User-Generated Content does not:

  • Violate any third-party intellectual property rights.

  • Be defamatory, obscene, or threatening.

  • Be hateful, discriminatory, or offensive.

  • Contain any viruses or malicious code.

The Company reserves the right, in its sole discretion, to remove or edit any User-Generated Content that violates these Terms or that the Company deems inappropriate.

The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered or unregistered trademarks of the Company or its licensors. You may not use the Trademarks without the prior written consent of the Company.

The Website may contain content from third-party sources ("Third-Party Content"). The Company does not endorse or control Third-Party Content and makes no representations or warranties about the accuracy, completeness, or reliability of such content.

The Company respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact the Company's designated copyright agent at info@anightwithbookbox.com with the following information:

  • A description of the copyrighted work that you claim has been infringed.

  • A description of the material on the Website that you claim is infringing.

  • Your address, telephone number, and email address.

  • 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.

  • A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the authorized copyright owner or authorized to act on the copyright owner's behalf.

 

9.    User Conduct

You agree to use the Website in a lawful and respectful manner that complies with all applicable laws and regulations. You further agree to refrain from any activities that could disrupt the operation of the Website or violate the rights of others.

You may not use the Website to engage in any illegal activity, including, but not limited to:

·       Uploading or sharing copyrighted material without permission

·       Engaging in fraud or identity theft

·       Distributing malware or viruses

·       Harassing or threatening others

·       Violating export control laws

You may not take any actions that could disrupt the operation of the Website, such as:

·       Uploading or sharing excessive amounts of data

·       Launching denial-of-service attacks

·       Attempting to gain unauthorized access to the Website or its systems

You are responsible for all User-Generated Content that you submit to the Website. Your content must not:

·       Violate any third-party intellectual property rights, including copyrights, trademarks, or patents.

·       Be defamatory, obscene, hateful, discriminatory, or offensive.

·       Contain threats or incitement to violence.

·       Be misleading or deceptive.

·       Promote illegal activity or content that exploits, abuses, or endangers children.

·       Contain spam or unsolicited commercial messages.

·       Impersonate any person or entity.

You agree to treat other users of the Website with respect. This includes:

·       Avoiding personal attacks, insults, and abusive language.

·       Not engaging in harassment, bullying, or cyberstalking.

·       Not invading the privacy of others.

If you interact with A Night with Book Box on social media platforms, you agree to comply with the terms of service of those platforms. You will not post any content that violates these Terms or the social media platform's terms.

If you encounter any content or activity on the Website that violates these Terms, you are encouraged to report it to the Company at info@anightwithbookbox.com. We will investigate all reported violations and take appropriate action.

The Company reserves the right, in its sole discretion, to take any action it deems necessary to enforce these Terms, including, but not limited to:

·       Removing or editing your User-Generated Content

·       Suspending or terminating your account

·       Reporting you to law enforcement

 

10.                    Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT AND SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. THE COMPANY DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.

 

11.  Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO:

  • PERSONAL INJURY OR PROPERTY DAMAGE

  • LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY

  • USE OR INABILITY TO USE THE WEBSITE

  • ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR SECURITY BREACHES ON THE WEBSITE

  • THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE WEBSITE

  • ANY RELIANCE BY YOU ON THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

 

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, costs, or expenses (including attorneys' fees) arising out of or related to your use of the Website or your violation of these Terms.

 

13. Termination

The Company may terminate your access to the Website at any time, for any reason, without notice.

 

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.

 

15. Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Atlanta, Georgia.

 

16. Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding your use of the Website.

 

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

 

18.Waiver

The Company's failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or of the right to enforce such provision at any subsequent time.

 

19. Third-Party Links

The Website may contain links to third-party websites. We are not responsible for the content or privacy practices of any third-party websites. You should review the terms and conditions of any third-party website before clicking on a link.

This clause covers the key points regarding information on your website. You can consider adding additional details as needed, such as:

  • Disclaimer of Endorsement: We can state that inclusion of a link to a third-party website does not constitute our endorsement of that website or its content.

  • Copyright Infringement: You can add a short statement outlining the process for reporting copyright infringement claims related to content on your website.

 

20.                   Force Majeure

The Company shall not be liable for any delay or failure in performance of its obligations under these Terms due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, labor strikes, natural disasters, or government regulations.

 

21. Contact Us

If you have any questions about these Terms, please contact us at info@anightwithbookbox.com.