Bang Vapor Terms and Conditions (“Agreement”)
This Agreement was last modified on November 17, 2014.
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using http://www.bangvapor.com (“the Site”) operated by Bang Vapor Inc. (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.bangvapor.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
Welcome to www.bangvapor.com. Please read on to learn the rules and restrictions that govern your use of our website, products, subscriptions, services, and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at www.bangvapor.com contain nicotine, a poisonous and addictive substance. Products included on www.bangvapor.com are only intended for committed smokers of legal smoking age and not by non-smokers, children, women who are pregnant or may become pregnant or any person with an elevated risk of, or preexisting condition of, any medical condition which includes, but is not limited to, heart disease, diabetes, high blood pressure or asthma. If you use a product purchased from us and experience any side effects or possible side effects, stop using the product immediately and consult a physician. Products included on www.bangvapor.com (a) may be poisonous if orally ingested, (b) are not smoking cessation products and have not been tested nor guaranteed as such, (c) have not been evaluated by the Food and Drug Administration, (d) are not intended to treat, prevent or cure any disease or condition, and (e) should be kept out of reach of children and pets.
CALIFORNIA PROPOSITION 65 – WARNING: This product contains nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.bangvapor.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing.
What about my privacy?
What are the basics of using www.bangvapor.com?
You may be required to sign up for an account, and select a password and username (“BANG VAPOR User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your BANG VAPOR User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract and of legal smoking age. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity) and that nobody at such organization or entity is under the legal smoking age.
You will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions. You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including BANG VAPOR);
- Violates any law or regulation;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your BANG VAPOR account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are the terms of sale for the Services?
BANG VAPOR sells Services only to end-user customers who are of legal smoking age only for their own personal, non-commercial use and not for further distribution or resale or for any other commercial or business purpose. Subscriptions and all rights and privileges conferred are personal and non-transferable.
What is the pricing for the Services?
Pricing for Services, including individual purchases and subscriptions, is as set forth on the BANG VAPOR website and as confirmed on the final page of the checkout process. In the event a Service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, BANG VAPOR shall have the right to refuse or cancel any orders placed for such Service listed at the incorrect price. BANG VAPOR shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BANG VAPOR shall immediately issue a credit to your credit card account in the amount of the charge. BANG VAPOR reserves the right to change prices for Services at any time.
How can I pay for Services?
BANG VAPOR accepts credit card payments only. You agree to pay all fees charged to your account based on BANG VAPOR’s fees, charges, and billing terms in effect as shown on the payment page at the time that you place an order for Services. You are also responsible for paying any sales and other applicable taxes, duties and the like, as well as shipping and handling charges, that may apply to your purchase of Services. You authorize BANG VAPOR or a third party payment processing service provider that we engage to charge your credit card for any such taxes and charges. All payments shall be made by credit card in advance prior to shipping the Services. If you do not pay on time or if your credit card cannot be charged for any reason, BANG VAPOR reserves the right to not ship any Service and/or suspend or terminate your subscription, if applicable. All prices are quoted in US Dollars and all payments accepted must be in US Dollars.
We, and our third party payment service provider, may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to us and our third party payment service provider at the election of your credit card issuer. Neither we nor our third party payment service provider is responsible for the distribution of your credit card information which is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
How do I renew my subscription?
After you sign up for a subscription service, your credit card will be charged on the same day in which you signed up for each month during which your subscription is active. Your subscription will automatically renew for an additional one-month period on the same day of the month, or the closest applicable date, that you originally signed up, unless you specify a different recurring charge date. We will charge your credit card for the applicable subscription renewal fee and shipping and handling charges, if any, as well as sales and other applicable taxes, duties and the like, that may apply to your subscription.
Can I cancel my subscription?
You may cancel your subscription at any time by sending an email to email@example.com, which email must reference the email contained in your user profile and state that you wish to cancel your subscription. Cancellation requests received prior to your charge date shall be effective that month and any such requests received on your charge date or after your charge date shall become effective in the immediately following month.
What other terms apply to my subscription?
- Package sizes are based on 12ml bottle sizes and not the exact volume of the liquid in the 12ml bottle.
- Promotional codes only apply to the first month’s subscription rate. Therefore, members who choose alternate subscription payment plans will only receive a discount on the applicable rate for the first month.
What is BANG VAPOR’s refund policy?
At BANG your satisfaction is our number one priority. We offer a 100% money back guarantee on all our BANG branded E-Liquid & our Bang Fuse & Valet Vaporizers. Just return it to us by registered post with a note telling us what is wrong and we will issue you either a replacement, or fix the given issue.
All outside brand hardware sales on www.bangvapor.com are final. No products or Services may be returned and no refunds will be given. Many of the individual manufacturers that we resell on www.bangvapor.com have their own individual warranties and refund policies and should be contacted directly first.
How are products shipped to me?
Products are shipped by the United States Postal Service, or such other shipping method that you choose upon checkout, if applicable. The risk of loss and title for all purchased products pass to you upon delivery of such product to the carrier. BANG VAPOR does not guarantee the amount of time that it takes for any product to be delivered and is not responsible for any delay in shipping. You understand that factors such as weather, economic events, and/or global events can all cause delays. Additionally, BANG VAPOR is not responsible for any damage that occurs to any product while it is being shipped.
Does BANG VAPOR ship internationally?
We currently only ship throughout the United States, including all U.S. military locations around the world. We also ship to Puerto Rico, Guam, and the U.S. Virgin Islands. However Bang Vapor reserves the right to ship anywhere allowed by law. Please contact us by email and we will inform you when and if we expand shipping.
What are my rights in www.bangvapor.com?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including BANG VAPOR’s) rights.
You understand that BANG VAPOR owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to BANG VAPOR or to other users?
For all User Submissions, you hereby grant BANG VAPOR a license to translate, modify (for technical purposes) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal BANG VAPOR account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant BANG VAPOR the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant BANG VAPOR the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant BANG VAPOR the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all BANG VAPOR users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with BANG VAPOR’s business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.
Finally, you understand and agree that BANG VAPOR, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Who is responsible for what I see and do on the Services?
Any information or content posted or transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
BANG VAPOR has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, BANG VAPOR will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that BANG VAPOR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that BANG VAPOR is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release BANG VAPOR, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Will BANG VAPOR ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
What if I want to stop using www.bangvapor.com?
BANG VAPOR is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. BANG VAPOR has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What else do I need to know?
Warranty Disclaimer. BANG VAPOR does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES, INCLUDING PRODUCTS AND SERVICES PURCHASED OR OFFERED THROUGH THE SERVICES, AS WELL AS CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BANG VAPOR INC. BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO BANG VAPOR INC. IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold BANG VAPOR, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without BANG VAPOR’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Los Angeles County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Southern District of California.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that BANG VAPOR may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and BANG VAPOR agree that these Terms are the complete and exclusive statement of the mutual understanding between you and BANG VAPOR, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind BANG VAPOR in any respect whatsoever. You and BANG VAPOR agree there are no third party beneficiaries intended under these Terms.