Terms of Use

Last updated: August 14, 2018

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.bohoberry.com website (“this website”) operated by Boho Berry LLC (“us”, “we”, or “our”).

Your access to and use of www.bohoberry.com is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use www.bohoberry.com.

By accessing or using www.bohoberry.com you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access our site.

COPYRIGHT © BOHO BERRY LLC 2015-2018 ALL RIGHTS RESERVED

All files and information contained in this website are copyright of Boho Berry LLC, and may not be duplicated, copied, modified or adapted, in any way without our written permission.

Our website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our website or services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Kara Benz, Boho Berry LLC.

Our content, as found on our website is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

DIGITAL PRODUCTS AND FREE DOWNLOADS

Purchase at your own risk and review each product listing carefully. We are not affiliated with any of the apps that we create products for and are not responsible for them or how they affect your devices.

Commercial Use

You MAY use our Procreate brushes to create artwork but you MAY NOT alter them or resell them as your own, nor use them as is (example clipart/stamp brushes). You must create a finished art piece to use them commercially. You may not use our digital planning tools for commercial use unless the item specifically states.

Policy

Our products are copyright protected and are the property of Boho Berry LLC. Purchase of a digital file from Boho Berry LLC does not transfer rights to the buyer. By purchasing this product you are agreeing to our terms of use that you may not share or redistribute these products free or for sale. All of our products are for personal use only and are protected by United States copyright laws.

Refunds

Due to the nature of digital downloads, we cannot provide refunds. Please inquire about our products before making your purchase to avoid purchasing something that doesn’t work for you or your device. You may use our Help Page to submit a ticket.

PURCHASES

If you wish to purchase any product or service made available through this website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

AVAILABILITY, ERRORS, AND INACCURACIES

We are constantly updating product and service offerings on www.bohoberry.com. We may experience delays in updating information on the website and in our advertising on other websites. The information found on this website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on www.bohoberry.com and we cannot guarantee the accuracy or completeness of any information found on our website.

We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

CONTESTS, SWEEPSTAKES, AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through www.bohoberry.com may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

ACCOUNTS

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on this website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with this website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

COPYRIGHT POLICY

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on this website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to ask@bohoberry.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • 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 above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at ask@bohoberry.com

INTELLECTUAL PROPERTY

This website and its original content, features, and functionality are and will remain the exclusive property of Boho Berry LLC and its licensors. This website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Boho Berry LLC.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party websites or services that are not owned or controlled by Boho Berry LLC

Boho Berry LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Boho Berry LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

TERMINATION

We may terminate or suspend your account and bar access to this website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using this website.

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.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Boho Berry LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of this website, by you or any person using your account and password, or b) a breach of these Terms.

LIMITATION OF LIABILITY

In no event shall Boho Berry LLC, 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 this website; (ii) any conduct or content of any third party on this website; (iii) any content obtained from this 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.

DISCLAIMER

Your use of this website is at your sole risk. This website is provided on an “AS IS” and “AS AVAILABLE” basis. This website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Boho Berry LLC its subsidiaries, affiliates, and its licensors do not warrant that a) this website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) this website is free of viruses or other harmful components; or d) the results of using this website will meet your requirements.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.

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. These Terms constitute the entire agreement between us regarding our website, and supersede and replace any prior agreements we might have had between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will 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.

By continuing to access or use this website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use this website.

CONTACT US

If you have any questions about these Terms, please contact us.