TERMS OF USE

Ownership

Welcome to the Headshop.com web site at www.headshop.com (Site) which is owned by Bocamore. This Site is operated by Bocamore and materials on the Site are owned, for the most part, by Bocamore. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Bocamore.

Bocamore has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and Bocamore. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at customerservice@headshop.com.

Bocamore reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.

 

Shipping and Returns

Under ordinary conditions, items are shipped out within 48 hours or orders being received. Orders placed before noon EST can often be shipped the same day. In some cases, when an order cannot go out within that window, Headshop will make every attempt to set expectations with the end user as to when they can expect delivery. Should the delay be unacceptable to the user, Headshop will issue an immediate, no-questions-asked refund.

Returns are accepted on all unused products within 30 days of purchase. Should you wish to return an item, simply go to the contact section of the website located here and request a return. Items defective or broken will be returned at no additional cost to the customer. Items returned for reasons other than being broken or defective shall be returned at the expense of the customer. We recommend shipping via a method with tracking capability. Once an item is received back, and deemed unused (no evidence of being used) a full refund, less shipping costs, shall be immediately issued. Should you have any questions on these policies please contact Headshop at any time and someone will be more than happy to assist.

 

Access and Use

All materials contained in this Site are protected by United States and international trademark and copyright laws and, except as otherwise permitted, must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright, trademark and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), posting, publication, modification, copying or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent of Bocamore or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, sounds, music, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting Bocamore in writing at customerservice@headshop.com.

Except as expressly permitted herein, you are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, sounds, musical compositions, scores, songs, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content thereon, 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. Bocamore reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Bocamore, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by 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 systems or networks connected to the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Bocamore on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

Linked Sites and Advertising

In establishing hypertext links to this Site, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or Bocamore, including its respective employees, agents, directors, officers and shareholders.

If Bocamore has provided links or pointers to other Web sites, no inference or assumption should be made and no representation should be implied that Bocamore is connected with, operates or controls these Web sites.

Bocamore is not responsible for the content or practices of third party Web sites that may be linked to this Site. This Site may also be linked to other Web sites operated by companies affiliated or connected with Bocamore. When visiting other Web sites, however, you should refer to each such Web site’s individual Terms of Use and not rely on this Agreement.

Bocamore takes no responsibility for third party advertisements that are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.

Disclaimer of Liability and Warranties

All products sold on Headshop.com are for tobacco use only. Please consult your local laws to ensure you are in compliance prior to purchasing.

While Bocamore does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

Except as otherwise specifically set forth on The Site or in the End User License Agreement, the Site, and all materials in this Site, are provided “as is” and “as available” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Bocamore DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses, contamination and other destructive and harmful components or that the Site is accurate, error-free or reliable.

You acknowledge that Bocamore, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

This disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

You acknowledge that Bocamore is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that Bocamore is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

 

Indemnity

You agree to defend, indemnify and hold harmless Bocamore, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

 

Termination

Bocamore reserves the right to immediately terminate your use of, or access to, this Site at any time if Bocamore decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that Bocamore considers to be inappropriate or unacceptable.

Copyright Infringement

If you believe that any material contained in this Site infringes your copyright, you should notify Bocamore of your copyright infringement claim in accordance with the following procedure.

Bocamore will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is:

Bocamore, LLC
ATTN: Legal Department
101 W. Chesapeake Avenue, #27560
Towson MD 21285

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Other

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

This Agreement is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the state courts located in Solano County, California or, if appropriate, the United States District Court for the Northern District of California, San Francisco Division, for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.