Terms and Conditions
Terms and Conditions
Welcome to www.BoxofRocks.com (the "Site"). This Site is maintained and operated by BoxofRocks Inc. ("BoxofRocks" or "Company").
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. DID YOU HEAR ME? I'M FREAKING SCREAMING AT YOU. YOU EITHER ACCEPT EVERYTHING WE SAY AND DO ON THIS SITE SIMPLY BECAUSE THIS DOCUMENT PRACTICALLY HIDDEN AT THE BOTTOM OF THE SITE SAYS SO, OR YOU GET THE F OUT OF HERE CUZ THIS IS OUR HOUSE AND OUR RULES. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BOXOFROCKS RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE. OH YOU WANT LIKE 24 HOURS NOTICE? WE DON'T GIVE A SHIT. THAT'S HOW WE ROLL.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We do that because apparently that is a thing that's required in life?!? Like you can't just use the Site without us saying you can? Oh and it's "non-transferable" ??? Shut the F up. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes. Ok this is getting ridiculous. When you walk into a retail store do they make you read all of this stuff? No. What the F is going on in the world when this is necessary?!?!
1. Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. For example, you can't use this site to sell dirty washcloths. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. So, like, if you send us an email admitting to a crime then you are screwed. Any other use of the Site requires the prior written consent of BoxofRocks. Again, back to the dirty washcloth example, if you wanted to sell filthy washcloths via this site we would need to give a real letter printed on paper saying you could do that. To be honest that's just not likely, because we don't even use printers. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of BoxofRocks. Don't be goin' around actin like you be slangin' boxes of rocks, cuz you ain't. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.
We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
• Posting any information which is untrue, inaccurate or not your own
• Posting flattering or complementary reviews of the musical works of Justin Bieber
• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
• Attempting to interfere in any way with the Site's or BoxofRocks's network security, or attempting to use the Site's service to gain unauthorized access to any other computer system
• Posting terrible selfie pics, cuz don't do that ever
You may not use spiders, robots, centipedes, cyborgs, ladybugs, Terminator-like things, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing", "photobombing" or "crashing" the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent. You may not print out the content of this Site onto paper, fold into a paper airplane and throw into the air for fun.
2. Registration and Passwords
3. Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, review guidelines and membership reward programs (Rewards T&Cs Link) ("Additional Terms"), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control. Wherein and whenceforth Additional Terms may be duly considered additional but not also in addition to, an additive accusation of terms hitherto may be Additional.
5. The Monthly Subscription Contract Between You And Us
By purchasing a month to month subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the then-current subscription rate. To cancel your subscription at any time, you must email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term. BoxofRocks may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before BoxofRocks reasonably could act.
6. Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. We do a lot of striving around here. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. Basically if we screw up it's not our fault. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available. We also do not guarantee that the Minnesota Timberwolves will win a national championship in the next 4 years.
7. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of BoxofRocks or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. In other words – you don't own our button icons – we do. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. BoxofRocks and the BoxofRocks logo are registered trademarks of BoxofRocks, Inc. All other trademarks are the property of their respective owners. All of our Site's content is Copyright 2014 BoxofRocks, Inc. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by BoxofRocks. YOU HAVE NO RIGHTS! CAN'T YOU GET THAT THROUGH YOUR STUPID SKULL? NOTHING! NONE! NADA! NO RIGHTS!!!
8. Submitted Content
By submitting or posting any materials or content on the Site, you grant BoxofRocks a perpetual, irrevocable, non-terminable, worldwide, global, big-time, royalty-free and non-exclusive license to use, copy, fax, scan, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, thoughts, music or video) to which you do not have the full right to grant BoxofRocks the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive, uncool or obscene material. BoxofRocks will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. BoxofRocks don't owe you nuthin.
You assume all responsibility and risk with respect to your use of the Site. Like, if you break your toe using this site, that's on YOU BRO. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A "LINKED" SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, BOXOFROCKS DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (4) A SEQUEL TO "STOP, OR MY MOM WILL SHOOT" STARRING SYLVESTER STALLONE IS A GOOD IDEA. BoxofRocks makes no warranties of any kind regarding any non-BoxofRocks sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and BoxofRocks makes no representations or warranties with regard to the accuracy, availability, suitability, sustainability or safety of information provided in such non-BoxofRocks sites. BoxofRocks does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. So if you find some site that sells lighter fluid, let's just agree right here and now that we straight up have nothing to do with that, cool?
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet is taxable. In the event that your state creates a tax-tax, which is a tax charged on top of taxes, we would then have to charge that too. Death and taxes, am I right? This guy knows what I'm talking about.
12. Limitation of Liability
IN NO EVENT SHALL BOXOFROCKS, ITS PARENT COMPANY, SUBSIDIARIES, AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, NEPHEWS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF WEIGHT OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF BOXOFROCKS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF BOXOFROCKS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO BOXOFROCKS IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available and unavailable through the Site. You also hereby acknowledge that Freaks and Geeks ended way too early. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users. Wow, heavy stuff. Again, all of this is in play simply because you exist, not because you read it or actually agree to it. If you have a face and are on our site, thems the rules.
13. International Use
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you are in Finland then you should get the hell off our site. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If there are no local laws, please let us know where you live because we might want to smash some mailboxes and not feel guilty about it.
14. Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. If you lose rocks, don't be calling us to complain. We take care of our rocks. Oh, you'd like to speak with my manager? I AM THE MANAGER.
15. Copyright Infringement; Notice and Take Down Procedures
BoxofRocks specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) and/or the right to party of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property or party rights, you should notify us of your copyright infringement claim in accordance with the following procedure. BoxofRocks will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Digital Copyright Digital Act ("DMDCDA"). The DMDCDA requires that notifications of claimed copyright infringement should be sent to firstname.lastname@example.org.
To be effective, the notification must contain the following information (DMDCDA, 17 U.S.C. §512(c)(3)):
• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Identification of more than three types of birds that begin with the letter "Q"
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, pager number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A statement that the complaining party is not from Finland.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please contact us.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent (but not incompetent) jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions or other things provision interpreted invalid applicable law shall Terms court. And just to be clear, everything you just read in this section was a single sentence. Our lawyers do that so it's easier for you to understand what's going on.
17. Waiver; Remedies
The failure of BoxofRocks to partially or fully or mostly or just kinda exercise any rights or the waiver of BoxofRocks of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by BoxofRocks or be deemed a waiver by BoxofRocks of any subsequent breach by you of the same or any other term of these Terms by subsequent or deemed or exercise. The rights and lefts and remedies of BoxofRocks under these Terms and any other applicable agreement between you and BoxofRocks shall be cumulative, and the exercise of any such right or remedy shall not limit BoxofRocks's right to exercise any other right or remedy. Also, BoxofRocks has the right to exercise anytime and anywhere it so chooses. For example, if BoxofRocks wants to do pushups in the shower, that's cool.
18. Governing Law
The laws of the State of New York shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE. YOU ALSO HEREBY EXPRESSLY CONSENT TO LET US CRASH AT YOUR PLACE IF WE ARE IN TOWN.
Questions: Should you have any questions regarding these Terms you may contact us at getstoned@BoxofRocks.com.