Bazillion Dreams, Inc. ( shall be known as Bazillion Dreams) reserves the right, at its sole
before using the Site. Your continued use of the Site following the
posting of changes will mean that you accept and agree to the changes.You
agree that all subsequent purchases by you will be subject to the terms
Bazillion Dreams grants you a personal, non-exclusive, non-transferable,
non-sublicensable, limited privilege to enter and use the Site.
1. Content; Copyright and Trademark Notice. All media (downloaded or samples),
software, text, images, graphics, user interfaces, music, videos, photographs,
trademarks, logos, artwork and other content on the Site (collectively),
including but not limited to the design, selection, arrangement, and
coordination of such Content on the Site is owned or licensed by or to
Bazillion Dreams, and is protected by copyright, trade dress, and
trademark laws, and various other intellectual property rights laws. Except as
Content may be reproduced, recorded, retransmitted, sold, rented,
broadcast, distributed, published, uploaded, posted, publicly displayed,
altered to make new works, performed, digitized, compiled, translated
or transmitted in any way to any other computer, website or other medium
or for any commercial purpose, without Bazillion Dreams prior express
written consent. Except as expressly provided herein, you are not
granted any rights or license to patents, copyrights, trade secrets,
trade dress, rights of publicity or trademarks with respect to any of
the Content, and Bazillion Dreams reserves all rights not expressly granted
hereunder. Bazillion Dreams expressly disclaims all responsibility and
liability for uses by you of any Content obtained on or in connection
with the Site. Bazillion Dreams Store & BazillionDreams.com are registered trademarks,
trademarks or service marks of Bazillion Dreams. All custom graphics, icons,
logos and service names are registered trademarks, trademarks or service
marks of Bazillion Dreams. All other trademarks or service marks are property
of their respective owners. The use of any Bazillion Dreams trademark or
service mark without Bazillion Dreams express written consent is strictly prohibited.
2. Registration; Customer Accounts; Use of Site.
Certain services offered on or through the Site require you to first
open a My Account. You are responsible for maintaining the
confidentiality of your My Account information, including your password,
and for all activity that occurs under your account. You agree to
notify Bazillion Dreams or Amazon.com immediately of any unauthorized
use of your account orpassword, or any other breach of security.
You may be held liable for losses incurred by Bazillion Dreams or Amazon
or any other user of the Site due to someone else using your password
or customer account. You may not use anyone else's password or customer
account at any time. You may not attempt to gain unauthorized access
to the Site. Should you attempt to do so, assist others in making
such attempts, or distributing instructions, software or tools for
that purpose, then your customer My Account will be terminated.
You agree to provide us with accurate,
current and complete information about yourself and your billing
information as prompted by the registration process. You may update any
of your My Account information, designate a different credit card to be
billed, or change the applicable expiration date on your currently
designated credit card, by clicking on the My Account button and
selecting the appropriate link. You may not use any automatic device,
program, algorithm or methodology, or any similar or equivalent manual
process, to access, acquire, copy, probe, test or monitor any portion of
the Site or any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Site or any Content, to
obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Site. You
agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or any
of the systems or networks comprising or connected to the Site.
You also agree that Bazillion Dreams or its subsidaries may, in its sole
discretion and without prior notice to you, terminate your access to
the Site and your My Account for any reason, including without limitation:
(1) attempts to gain unauthorized access to the Site or assistance to others'
attempting to do so, (2) overcoming software security features limiting use of or
protecting any Content, (3) discontinuance or material modification of
the Site or any service offered on or through the Site, (4) violations
actual copyright infringement, (7) unexpected operational difficulties,
or (8) requests by law enforcement or other government agencies. You agree that
Bazillion Dreams will not be liable to you or to any third party for
termination of your access to the Site.
3. Consent To Collection, Use Disclosure of Your Personal Information.
disclose certain Personally Identifiable Information to use our Site,
register, and make purchases. As a condition of registering with our
Site or making any purchases of any products and/or services or conduct
any transactions, you represent that you have first read our Privacy
Policy and consent to the collection, use and disclosure of your
Personally Identifiable Information and Non-Personally Identifiable
terms and conditions will change from time to time, and as a condition
of browsing the Site, using any features or making any purchase, you
initial or subsequent purchases.
While Bazillion Dreams takes reasonable steps to safeguard and to prevent
unauthorized access to your personal information, we cannot be
responsible for the acts of those who gain unauthorized access, and we
make no warranty, express, implied, or otherwise, that we will prevent
unauthorized access to your private information. IN NO EVENT SHALL
Bazillion Dreams OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER
CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR
OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S
UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER
SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER
THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BAZILLION DREAMS WAS
GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Consent To Our Communication With You By E-Mail. By establishing a My Account
with us, and each time you make a purchase through our Site, you grant
permission for Bazillon Dreams to contact you at your e-mail address.
To stop receiving our marketing emails, follow the opt-out procedures set forth
in such marketing emails.
5. Conditions of and Payment Terms.
To purchase any goods and/or services on our Site, you must (a) be at
least eighteen (18) years of age or the applicable state age of
majority, (b) be a natural person (no corporations, partnerships or
other legal entities), and (c) be a resident in the 50 states of the
United States of America, exclusive of its commonwealths, territories
and possessions United States. Prior to the purchase of any
goods or services on our Site, you must provide us with a valid credit
card number and associated payment information including all of the
following: (i) your name as it appears on the card, (ii) your credit
card number, (iii) the credit card type, (iv) the date of expiration and
(v) any activation numbers or codes needed to charge your card. By
submitting that information to us, you hereby agree that you authorize
us to charge your card at our convenience but within thirty (30) days of
credit card authorization. All sales of products and services are
final. All charges from those sales are nonrefundable.
6. Methods of Payment, Credit Card Terms and Taxes.
All payments must be made by VISA, MasterCard, American Express,
Discover Network, RevolutionCard, and government credit cards
(each of which may be removed by Amazon.com in its sole discretion).
Unless expressly set forth on the Bazillion Dreams site, we do not accept any
other payment form. If we offer or accept any other form of payment, you
hereby agree to all restrictions, terms and conditions associated with
such additional form of payment. Your card issuer agreement governs your
use of your designated card, and you must refer to that agreement and
cardholder. YOU, AND NOT BAZILLION DREAMS, ARE RESPONSIBLE FOR PAYING ANY
UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You
agree to pay all fees and charges incurred in connection with your
purchases (including any applicable taxes) at the rates in effect when
the charges were incurred. Unless you notify Bazillion Dreams of any
discrepancies within sixty (60) days after they first appear on your
credit card statement, you agree that they will be deemed accepted by
you for all purposes. If Bazillion Dreams does not receive payment from your
credit card issuer or its agent, you agree to pay all amounts due upon
demand by Bazillion Dreams or its agents. You are responsible for paying any
governmental taxes imposed on your purchases, including, but not limited
to, sales, use or value-added taxes. Bazillion Dreams shall automatically
charge and withhold the applicable sales tax for orders to be delivered
to addresses within California and any other states or localities that
it deems is required.
7. Order Acceptance Policy. Your receipt of an electronic or other form of
order confirmation does not signify our acceptance of your order, nor does
it constitute confirmation of our offer to sell. Bazillion Dreams reserves the
right at any time after receipt of your order to accept or decline your order for any
reason. Bazillion Dreams further reserves the right any time after receipt of
your order, without prior notice to you, to supply less than the
quantity you ordered of any item. Your order will be deemed accepted by
Bazillion Dreams upon shipment of products or performance of services that you
have ordered, as indicated by our servers. Title to goods and all risk
of loss passes to you upon delivery to the common carrier. All orders
placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable
method of payment, as established by our credit and fraud avoidance
department. We may require additional verifications or information
before accepting any order. Bazillion Dreams is a reseller to end users
and does not accept orders from resellers, exporters, wholesalers,
any businesses of any kind or other customers who intend to resell.
8. No Responsibility To Sell Mispriced Products Or Services.
Bazillion Dreams shall have the right to refuse or cancel any orders placed
for products and/or services listed at an incorrect price, rebate or
refund, or containing any other incorrect information or typographical
errors. Bazillion Dreams 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, Bazillion Dreams shall immediately issue a credit
to your credit card account in the amount of the charge.
9. Modifications to Prices or Billing Terms.
BAZILLION DREAMS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND
BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY
UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
10. Price Comparisons, List Price and You Save Price comparisons may be made
throughout the site to indicate the relative savings amounts of our pricing.
LIST PRICE is the suggested retail price provided to us by our suppliers.
We make no representation that a substantial number of these products have been sold
or offered for sale at the list price. Actual retail prices in your
area may be substantially different. Because we sell our merchandise
over the internet on a national basis, it is not possible to know if our
merchandise is sold at list price in any particular location or at any
particular time. YOU SAVE reflects the difference between our
price and the supplier provided list price shown on our sites. Because
the list price may be different than the actual retail prices in your
area, you may not actually realize a savings of this amount and may want
to make an exact comparison for yourself by checking the prices of
other internet or local retailers prior to making a purchase.
11. Service and Support for Goods Sold. All requests for technical service and
support should be made directly to the manufacturer in accordance with their terms and conditions.
12. Indemnification. You agree to indemnify and hold harmless Bazillion Dreams and its parents,
sister companies, subsidiaries, affiliates, service providers, other End
Users, distributors, licensors, officers, directors and employees from
any claim or demand, including reasonable attorneys' fees, made by any
third party arising out of or related to your violation of this Terms of
Use, or your violation of any law, regulation or third-party right.
14. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT,
DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED
"AS IS." ALL OF BAZILLION DREAMS PHYSICAL PRODUCTS ARE GUARANTEED AGAINST
MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE OF INVOICE. EXCEPT
AS EXPRESSLY STATED HEREIN, BAZILLION DREAMS EXPRESSLY DISCLAIMS ALL
WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER
WHATSOEVER RELATING TO OR REFERENCED BY THE BAZILLION DREAMS SITE, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE,
SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE
15. LIMITATION OF LIABILITY.THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE,
THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE,
AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU.
IN NO EVENT SHALL BAZILLION DREAMS OR ITS LICENSORS OR ANY OF THEIR OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR, WITH THE
DELAY OR INABILITY TO USE THE BAZILLION DREAMS SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BAZILLION DREAMS SITE
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE EVEN IF BAZILLION DREAMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
ON THE SITE, THE MAXIMUM LIABILITY THAT BAZILLION DREAMS SHALL HAVE IS LIMITED
TO ANY AMOUNTS ACTUALLY PAID TO BAZILLION DREAMS BY END USER. ORDER
INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR
INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF
BAZILLION DREAMS YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY,
DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN
REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT
LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS
OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
16. Policy to Terminate Privileges for Copyright Infringement.
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act
("BAZILLION DREAMS, INC.") will terminate the account of any customer, or vendor who uses his or
her privileges to unlawfully transmit copyrighted material without a
license, valid defense or fair use privilege to do so. After proper
notification by the copyright holder or its agent to the BAZILLION DREAMS and
later confirmation through court order or an admission by the customer
that an account has been an instrument of unlawful infringement,
BAZILLION DREAMS will terminate the infringing customer's account.
BAZILLION DREAMS may also in its sole discretion decide to terminate a customer's account
privileges prior to that time if it has good belief that infringement
has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c),
BAZILLION DREAMS has implemented procedures for receiving written notification
of claimed infringements and for processing such claims in accordance
with the Act. BAZILLION DREAMS respects the intellectual property of others
and we ask other to do the same. If you believe that your copyright has
been infringed through the BAZILLIONDREAMS.COM website, please contact Legal
Department, via facsimile at our mailing address:
BAZILLION DREAMS, INC.
Attn: Legal Department
223 West Bulldog Blvd Ste #404
Provo, UT 84604
Any written notice describing the infringing activity must include the following information:
An electronic or physical signature of the person authorized to act on
behalf of the owner of an exclusive that is allegedly infringed.
A description of the allegedly infringing work or material;
A description of where the allegedly infringing material is located on the site;
Information reasonably sufficient to allow us to contact you, such as your address,
telephone number and e-mail address; A statement by you that you have a good faith belief
that the disputed use of the material is not authorized by the copyright or other
proprietary right owner, its agent, or the law; and A statement by you that the
above information and notification is accurate, and under penalty of perjury,
that you are the copyright owner or authorized to act on behalf of the owner whose
exclusive right is allegedly infringed.
Modified April 2016
© , Bazillion Dreams