- Copyright Notice
Copyright 2003 © Bonk Designs, All rights reserved. The material on this site may not be reproduced and may not be distributed, publicly performed, proxy cached on AOL or otherwise used, except with the prior express permission of Bonk Designs, (alternatively referred to as “Bonkum.com”, "Bonkum," "We," or "Us").
- Trademark Statement
Bonk Designs, Bonkum, Bonkum.com, http://www.bonkum.com, Bonkum Classic Set and Bonkum Extreme Set, Bonk’er Classic, Bonk'er Extreme, Bonk’im, and the slogans “it is fair to say that if we could all orgasm more often, we would find more peace in the world”. “With Japan's lack of baby problems, the middle east confusion, the oppression and inequality of women, isn't it time for a change?” “The world has problems, always has. Isn't it time for a change?” “Love works!. Bonkum! Saving the world, one orgasm at a time.” “Gotta have heart!” “We're great in bed!”. “If you can’t beat ‘em, Bonkum!” “From our heart to your's.” “Stretching the limits of good taste.” “Smile, your heart says it all.” “Take heart, Bonk’um is the one!” “Give her your heart!” These are trademarks of Bonk Designs, all pending or registered in U.S. Patent and Trademark Office.
HEART WITH LIPS LOGOS, are trademarks of Bonk Designs, Inc., all pending or registered in U.S. Patent and Trademark Office.
- Requesting Reproduction Permissions
No material found or located on the Bonkum.com Web site may be reproduced or used for commercial purposes without prior written permission of Bonk Designs. You may write or fax the Rights and Permissions Department of Bonk Designs.
- Bonk Designs
Attention: Rights and Permissions
P. O. Box 2094
Venice, CA 90294
Fax #: 310 314 3180
Email: Rightsandpermissions@bonkum.com
- Custodian of Records
Custodian of records is the Bonkmaster. All records required by law to be maintained by us are located at Bonkmaster c/o Bonk Designs, P. O. Box 2094, Venice, CA 90294.
- BONKUM.COM CONTENT AND USER SUBMISSIONS
1. The contents of the Bonkum Internet service ("the Service") are intended for the personal, noncommercial use of its users. All materials published on the Site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Bonk Designs, or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
2. The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.
3. You may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content’s proprietary rights notices.
4. You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with this Site or our Services ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded by you.
5. If you believe that the content of any Submission provided by you has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail 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; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on this Site is:
By postal mail:
Intellectual Property Counsel
Bonk Designs, Inc.
P.O. Box 2094
Venice, Ca 90294
By fax: (310) 314-3180
By email: copyright@Bonkum.com
- ACCESS AND AVAILABILITY OF SERVICES AND LINKS
The Site contains links to other related World Wide Web Internet sites, resources and sponsors of Bonkum.com. Selection of an ad banner or link will redirect you off of the Site to a third party Web site. Interactions that occur between you and the third party are strictly between the you and such third party and are not the responsibility of Bonk Designs, We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Bonk Designs, Inc. does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site.
- REPRESENTATIONS AND WARRANTIES
1. You represent, warrant and covenant (a) that no materials of any kind submitted by you or Bonk Designs, use thereof in accordance with the terms and conditions of these Terms of Service, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old. You hereby indemnify, defend and hold Bonk Designs, Inc. and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. Bonk Designs, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of Bonk Designs, without Bonk Designs, prior written approval.
2. Bonk Designs, neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. The site, the service, the access software (defined herein) and any materials provided by bonk designs, inc. Or third parties through the site and the service are provided "as is." Bonk Designs, Makes no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty, or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy, timeliness or usefulness of any materials provided through the service. Bonk designs, does not guarantee that your access to or use of the site or the services available therein will be continuous, uninterrupted or secure.
3. You hereby acknowledge that the use of the Site and the Services available therein is at your sole risk.
- LIMITATION OF LIABILITY
1. Bonk Designs, shall not be responsible to you or any third parties for any direct or indirect, consequential, special, punitive or exemplary damage or loss incurred in connection with use of the service, the access software or any of the materials provided by Bonkum or third parties through the service, or any damage or loss interruptions, deletions of files, errors, defects, delays in performance of the service or the access software, regardless of the claim as to the nature of the cause of action, even if Bonk Designs, has been advised of the possibility of such damage or loss. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law. 2. To the fullest extent permissible under applicable law, Bonk Designs, aggregate liability, and the aggregate liability of our licensors, to you or any third parties in any circumstance is limited to One Hundred U.S. Dollars ($100). 3. Bonk Designs shall not be responsible to you or any third parties for any direct or indirect, consequential, special, punitive or exemplary damage or loss incurred in connection with use of the service, the access software or any of the materials provided by bonkum or third parties through the service, or any damage or loss interruptions, deletions of files, errors, defects, delays in performance of the service or the access software, regardless of the claim as to the nature of the cause of action, even if bonk designs, inc. has been advised of the possibility of such damage or loss. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law. 4. The toys in this catalog/web site are for use by consenting adults as novelties, fashion accessories, and sexual toys. Bonk Designs assumes no responsibility for unsafe, improper, or illegal use of these items and for any harm or injury or related consequences that might result from this unsafe, improper, or illegal use. Please call or email Bonk Designs @ info@Bonkum.com or return the product to Bonk Designs, PO Box 2094, Venice, CA. 90294 if you see any damage to the packaging or product due to mishandling in shipment.
- SOFTWARE LICENSES
1. You acknowledge and agree that you shall have no rights to the proprietary software and/or any related documentation, enhancements or modifications thereto, provided to you to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted to you by Bonk Designs, and any attempt at such sublicense, assignment or transfer is void. You may make one (1) copy of such software for archival purposes only. You may not copy, distribute, modify, reverse, engineer or create derivative works from the Access Software.
- SYSTEM INTEGRITY
1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
- TERMINATION
- RISK OF LOSS
1. All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
- PRODUCT DESCRIPTIONS
1. Bonk Designs, and its affiliates attempt to describe all of the products on the Site as accurately as possible. However, Bonk Designs, does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current or error-free. If a product offered on our Site itself is not as described, your sole remedy is to return it in unused condition.
- MISCELLANEOUS
1. This Agreement has been made in and shall be construed and enforced in accordance with California law without regard to any conflict of law provisions. Bonk Designs, makes no representation that the Content in this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this agreement shall be brought in the federal or state courts located in Los Angeles County, California.
2. Official correspondence must be sent via postal mail t
Bonkum.com, Inc.
Attention: General Counsel
P. O. Box 2094
Venice, Ca 90294
Email:generalcounsel@Bonkum.com
3. These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and Bonk Designs, with respect to your access and use of the Site and Services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Bonk Designs, with respect to this Site or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Bonk Designs, may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Bonk Designs, or (iii) in connection with the sale of this Site or the business unit associated with this Site.