Conditions of Use
Welcome to Travel BugBan.com. Travel BugBan Services LLC and/or its affiliates ("Travel BugBan") provide website features and other products and services to you when you visit or shop at Travel BugBan.com, use Travel BugBan products or services, use Travel BugBan applications for mobile, or use software provided by Travel BugBan in connection with any of the foregoing (collectively, "Travel BugBan Services"). Travel BugBan provides the Travel BugBan Services subject to the following conditions.
Please review our Privacy Notice, which also governs your use of Travel BugBan Services, to understand our practices.
When you use Travel BugBan Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Travel BugBan Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Travel BugBan Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Travel BugBan or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Travel BugBan Service is the exclusive property of Travel BugBan and protected by U.S. and international copyright laws.
Includes, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Travel BugBan Service are trademarks or trade dress of Travel BugBan in the U.S. and other countries. Travel BugBan's trademarks and trade dress may not be used in connection with any product or service that is not Travel BugBan's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Travel BugBan. All other trademarks not owned by Travel BugBan that appear in any Travel BugBan Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Travel BugBan.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Travel BugBan or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Travel BugBan Services. This license does not include any resale or commercial use of any Travel BugBan Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Travel BugBan Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Travel BugBan or its licensors, suppliers, publishers, rightsholders, or other content providers. No Travel BugBan Service, nor any part of any Travel BugBan Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Travel BugBan. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Travel BugBan without express written consent. You may not use any meta tags or any other "hidden text" utilizing Travel BugBan's name or trademarks without the express written consent of Travel BugBan. You may not misuse the Travel BugBan Services. You may use the Travel BugBan Services only as permitted by law. The licenses granted by Travel BugBan terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Travel BugBan account to use certain Travel BugBan Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Travel BugBan does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Travel BugBan Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Travel BugBan Household. Alcohol listings on Travel BugBan are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Travel BugBan reserves the right to refuse service, terminate accounts, terminate your rights to use Travel BugBan Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Travel BugBan reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Travel BugBan a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Travel BugBan and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Travel BugBan for all claims resulting from content you supply. Travel BugBan has the right but not the obligation to monitor and edit or remove any activity or content. Travel BugBan takes no responsibility and assumes no liability for any content posted by you or any third party.
Travel BugBan respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement
RISK OF LOSS
All purchases of physical items from Travel BugBan are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Travel BugBan does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Travel BugBan does not take title to the refunded item. For more information about our returns and refunds, please contact us via email.
Travel BugBan attempts to be as accurate as possible. However, Travel BugBan does not warrant that product descriptions or other content of any Travel BugBan Service is accurate, complete, reliable, current, or error-free. If a product offered by Travel BugBan itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided. We regularly check List Prices against prices recently found on other retailers. Certain products may have a temporary "Sale Price" displayed.
With respect to items sold by Travel BugBan, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Travel BugBan is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by Travel BugBan, such as the Travel BugBan App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE TRAVEL BUGBAN SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRAVEL BUGBAN SERVICES ARE PROVIDED BY TRAVEL BUGBAN ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TRAVEL BUGBAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TRAVEL BUGBAN SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRAVEL BUGBAN SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TRAVEL BUGBAN SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, TRAVEL BUGBAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRAVEL BUGBAN DOES NOT WARRANT THAT THE TRAVEL BUGBAN SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRAVEL BUGBAN SERVICES, TRAVEL BUGBAN'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TRAVEL BUGBAN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, TRAVEL BUGBAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TRAVEL BUGBAN SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TRAVEL BUGBAN SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Travel BugBan Service, or to any products or services sold or distributed by Travel BugBan or through Travel BugBan.com will be resolved by binding arbitration in the State of California, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration.