Cotton Booty ("Cotton Booty", “we,” “us,” “our”) provides services, described below, to you through our website www.cottonbooty.com (the “Site”) (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If changes are made we will indicate the date these terms changed or are revised at the top of this page. Your continued use of this Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these are any future Terms of Service do not use or access (or continue to us or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
ACCESS AND USE OF THE SERVICE
Services Description: The service is designed to allow users to send and receive boxes or packages of goods, samples, offers, coupons, articles and other information (each a “Box”), review products and Boxes (described below), receive newsletters with information and offers, and participate in the Cotton Booty content community.
Boxes and Newsletters: The contents of each Box will vary, and we make no guarantees regarding the content of newsletters, social media posts, or other communications that you will receive a particular product in a Box, or that certain products will be available in your Box. Periodically we may hint or announce brands or suppliers that will be included in the box; however, we maintain that we make no guarantees regarding the contents of the box and we reserve the right to make substitutions of products when deemed necessary due to, including but not limited to: delays in product, delays in shipping, or quality concerns. Some of our suppliers’ products come in limited quantities and may not be available in the future. It is your responsibility to review the products to determine the appropriateness of the products for yourself and your family and to review the ingredients of each product to avoid allergic reactions or other side effects. The products within the Boxes are not manufactured by Cotton Booty, but by its suppliers. If you have any questions, comments or complaints about a product, please contact us at firstname.lastname@example.org . For information on returns and refunds, please see our Frequently Asked Questions section. In most instances, warranty claims are handled directly by the manufacturer.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify Cotton Booty of any unauthorized use of your password or account or any other breach of security, and/or ensure that you exit from your account at the end of each session when accessing the Service. Cotton Booty will not be liable for any loss or damage arising from your failure to comply with this Section.
Sweepstakes and Contest: From time to time Cotton Booty may make available certain sweepstakes and contests on the Site. Participation in any sweepstakes or contest is subject to and governed by the applicable Official Rules as set forth on, or linked to, any specific landing page for each such sweepstakes or contest on the Site. All such sweepstakes and contest terms are hereby incorporated by reference into these Terms of Service.
Modifications of Service: Cotton Booty reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cotton Booty will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Cotton Booty may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that reviews, product designs, data or other content will be retained by the Service and the maximum storage space that will be allotted on Cotton Booty’s servers on your behalf. You agree that Cotton Booty has no responsibility or liability for the deletion or failure to store any reviews, product designs, data or other content maintained or transmitted by the Service. You acknowledge that Cotton Booty reserves the right to terminate accounts that are inactive for an extended period of time. Your further acknowledge that Cotton Booty reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
CONDITIONS OF USE
User Conduct: You are solely responsible for all reviews, blog comments or posts, information, data text, software, music, sound, photographs, graphics, video, messages or materials (“content”) that you choose to upload, post, publish or display, email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Cotton Booty. Cotton Booty reserves the right to investigate and take appropriate legal action against anyone who in Cotton Booty’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to law enforcement authorities. You agree to not use this Service to:
a. Post, email or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially , ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Cotton Booty, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Cotton Booty or its users to any harm or liability of any type;
b. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. Solicit personal information from anyone under the age of 18;
d. Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
e. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
f. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
g. Violate any applicable local, state, national or international law, or any regulations having the force of law;
h. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Payment and Auto-Renewal: To the extent you wish to make a purchase using the Service (for example, to purchase individual Boxes or Box subscriptions), you will be required to provide Cotton Booty information regarding your credit card or other payment instrument (such as PayPal). You represent and warrant to Cotton Booty that such information is true and that you are authorized to use the payment instrument for the initial subscription term and each renewal term. If you subscribe to the Service you will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Cotton Booty the amount that is specified in the Service in accordance with these Terms of Service. If you have subscribed to the Service, you hereby authorize Cotton Booty to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable subscription plan until you terminate your account, and you further agree to pay any charges so incurred. You understand and accept that, unless otherwise expressly stated, our Service is of your initial subscription package. All payments made are non-refundable. If you dispute any charges you must let Cotton Booty know within thirty (30) days after the date that Cotton Booty charges you. If you have paid for a Box but did not receive it, please contact us at email@example.com . We reserve the right to change Cotton Booty’s subscription plan prices. If Cotton Booty does change prices, Cotton Booty will provide notice of the change on the Site or in email to you, at Cotton Booty’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
Taxes: You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Service, including any district taxes in your jurisdiction.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Cotton Booty, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Cotton Booty, our affiliates and our partners (“the Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Cotton Booty.
The Cotton Booty names and logos are trademarks and service marks of Cotton Booty (collectively the “Cotton Booty Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Cotton Booty. Nothing in these Terms of Service or the Service should be construed as granting, by implication or otherwise, any license or right to use any of Cotton Booty Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Cotton Booty Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Cotton Booty be Liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Cotton Booty does not pre-screen content, but that Cotton Booty and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Cotton Booty and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Cotton Booty, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Posted on the Site: You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Cotton Booty and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicense able, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify an otherwise use your User Content in connection with the operation of the Service or promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any designs, questions, comments, suggestions, ideas, feedback (including without limitation those related to products and Boxes) or other information about the Site or the Service (“Submissions”), provided by you to Cotton Booty are non-confidential and Cotton Booty will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Cotton Booty may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Cotton Booty, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Indemnity and Release: You agree to release, indemnify and hold Cotton Booty and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COTTON BOOTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COTTON BOOTY / BLOSSOMING MAMA MAKES NO WARRANTY THAT (I) THE SERVICE, PRODUCTS, BOXES OR ANY INFORMATION THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, BOXES, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT COTTON BOOTY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COTTON BOOTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM : (I) THE USE OR THE INABILITY TO USE THE SERVICE, PRODUCTS OR BOXES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, BOXES, OFFERS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL COTTON BOOTY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO COTTON BOOTY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Termination: you agree that Cotton Booty, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Cotton Booty believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Cotton Booty may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Cotton Booty may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such use of the Service. Further, you agree that Cotton Booty will not be liable to you or any third-party for any termination of your access to the Service.
User Disputes: You agree that you are solely responsible for your interactions with any other user in connection with the Service and Cotton Booty will have no liability or responsibility with respect thereto. Cotton Booty reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.