Terms & Conditions

Terms of Use

Welcome to the bubiny.com Website owned and operated by The bubiny, LLC and its affiliates ('bubiny').  Except as otherwise noted herein, these terms and conditions (the 'Terms of Use') govern your use of the bubiny Website and its services, pages, blogs, applications, and contents (collectively, the 'Websites').  Please read these Terms of Use carefully as your use of our Websites constitutes your agreement to follow and be bound by the Terms of Use.

General

As we continue to develop our Websites, we may from time to time, modify, alter, revise or update these Terms of Use. bubiny expressly reserves the right to make changes to the Websites and to these Terms of Use from time to time.  When we make changes, we will post them here.  Your use of our Websites following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. We therefore encourage you to refer to these Terms of Use on an on-going basis.  Should you have any questions concerning any of bubiny?s policies, please contact us.

bubiny provides you with access to and use of the Websites subject to your compliance with the Terms of Use.  If you do not agree to these Terms of Use, please do not use the Websites. 

Your Ability to Accept these Terms of Use and Use the Websites

Our Websites are not directed to children under 13 years old.  The policy of bubiny, as the operator of the Websites, is NOT to knowingly collect any personal information from children under 13, including 'individually identifiable information,' as defined by the Children?s Online Privacy Protection Act (COPPA).  If you are under 13, you should leave the Websites without providing any information about yourself.  Any access to or use of the Websites by anyone under the age of majority requires consent to these Terms of Use by a parent or legal guardian.  By accessing or using the Websites, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Websites, and that you have the right, authority and capacity to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Transactions on the Websites

bubiny reserves the right to refuse any order you place with us in violation of these terms.  For example, we reserve the right to limit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per payment method, per billing and/or shipping address or per order.  In the event we modify or cancel an order, we will attempt to notify you by using the e-mail, billing address or phone number provided at the time the order was made.

Websites Contents

Unless otherwise noted, the Websites, including all information and contents such as, images, photographs, illustrations, designs, artwork, graphics, photography, text, data, music, sound, messages, software, the HTML used to generate the pages, and the like, that are part of the Websites (collectively, 'Contents') are the property of bubiny or that of its suppliers or licensors and are protected by copyright, trademark, trade dress and/or other intellectual property rights under the United States and/or foreign law. The Contents of our Websites and the Websites as a whole may be used solely for personal, noncommercial use. You may download or copy the Contents displayed on our Websites for your personal, noncommercial use only so long as your copy retains any copyright and trademark notices appearing on our Websites. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. Any use of our Websites and the Contents for purposes other than personal and noncommercial is prohibited without the prior written consent of bubiny.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Websites.

Colors

We have made every effort to display as accurately as possible the attributes of our products, including the applicable colors; however, the actual color you see will depend on your monitor, computer system and other factors, and we cannot guarantee that your computer will accurately display such colors. The product images on the Websites may appear larger or smaller than their actual size. 

Product Information and Pricing 

Some products displayed on the Websites may also be available in select bubiny stores. In some cases, web merchandise may not be available in bubiny stores. While merchandise offered on the Websites is generally priced the same as merchandise offered at our stores, there may be price differences due to promotional events and special offers.  While we make every effort to be as accurate as possible in the product descriptions on the Websites, bubiny does not warrant that product descriptions, pricing or other content on the Websites are current, complete or error-free. 

Comments, Feedback and Other Submissions 

Although we make every effort to respond quickly to applicable email messages, bubiny is under no obligation to respond to all correspondence received through our Websites, or to maintain submitted comments or feedback in confidence, or to pay compensation of any kind for comments or submissions. While we welcome your comments and feedback regarding our Websites, products, and services we do not accept confidential or proprietary information. Accordingly, all comments, feedback, ideas or suggestions disclosed, submitted or offered to bubiny using the Websites or otherwise (collectively, 'Comments'), are not confidential and will become and remain bubiny?s property. The disclosure, submission or offer of any Comments constitutes an assignment to bubiny of all worldwide rights, titles and interests and goodwill in the Comments without payment of any kind. bubiny policy does not allow us to accept or consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested.  The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by bubiny employees and agents might seem similar to creative works submitted by users.  Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans or other materials for our business.

 You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Websites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead bubiny or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. bubiny takes no responsibility and assumes no liability for any Comments posted by you or any third party.

Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on the Websites, but not directly by us, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.

Personal Information Submitted through the Websites

 Your submission of personal information through the Websites is governed by our Privacy Policy, which can be accessed by clicking on the "Privacy Policy" link located in the footer section of the Websites (the "Privacy Policy").  This agreement incorporates by reference the terms and conditions of the Privacy Policy.

User-Generated Content

 bubiny owns and/or operates various Websites that permit users to submit or publish content ('User-Generated Content').  The User-Generated Content Terms and Conditions supplement these Terms of Use, apply to and govern all User-Generated Content on our Websites, and are incorporated herein in full by reference.