TERMS OF SERVICE
Thank you for visiting Bonk Fit. Please read our Terms of Service carefully, as we require that you agree to these Terms in order to have permission to use our Service.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“Bonk Fit” refers to our company, also known as “Pueri Elemental LLC”; our Site: our Service; or a combination of all or some of the preceding definitions, depending on the context of the word;
“Service” refers to the services that we provide, including our Site, the sale of tangible goods (such as portable punching bags, designer skins and custom skins), and our on-demand manufacturing services;
“Site” refers to our websites, www.bonkfit.com, www.bonkyourself.com and www.pueri-elemental.com;
“User” refers to unregistered, registered, paid, and unpaid users and customers of Bonk Fit’s Service and, without limiting the generality of the foregoing, includes general visitors to Bonk Fit’s Site;
“You” refers to you, the person who is entering into this Agreement with Bonk Fit.
3. What Bonk Fit Does
Bonk Fit produces portable punching bags with fabric skins, also known as 'Bonk Bags', featuring characters designed by us. Our Site is an e-commerce stores that sells our physical products, and we also have a blog.
Bonk Fit also provides an on-demand manufacturing service which allows Users to Create Your Own Bonk Fit, also known as Bonk Yourself, by sending us their images and designs for reproduction on fabric skins to fit our Bonk Bags.
In order to use our Service, you must meet a number of conditions, including but not limited to:
You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Bonk Fit, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
You must, if signing up on behalf of a legal person other than yourself (such as a corporation, limited liability company, etc.), be authorized by that person to create its Bonk Fit account and bind it to this Agreement, and you hereby agree that it is being bound to this Agreement and that both you and the legal person shall be jointly and severally liable for any breaches of the terms herein. You may not sign up on behalf of any natural person other than yourself.
You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
5. Nature of Service
We cannot be held accountable if a User prints images for which they do not own the appropriate intellectual property rights or licenses. You agree that you should not rely on us where a potential rejection of your submission—which we may do for any reason at our sole discretion—would cause a loss to you. You release us from any liability for any losses arising from your relations with Bonk Fit and the Service that we provide.
6. Rules of Use
The above eligibility criteria are the initial rules with which you must comply in order to have permission to use our Service. In addition to the above, you must not:
Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Bonk Fit or its delegates, whether on our blog, or elsewhere.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Use our Service to publish violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive images.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Bonk Fit Site, Service, or its Users’ computers.
Do anything else which, at the sole discretion of Bonk Fit, could bring Bonk Fit into disrepute, or which violates the rights of any person.
We may refuse to provide you with our Service if you fail to meet the requirements of these Rules of Use, or for any other reason. In such cases, we will refund your money. We are not required to give any reason for our refusal.
7. Payment & Shipping
Payment can be made by credit card, Amazon or PayPal. Unless otherwise stated, all prices are listed in United States dollars.
Products ship to addresses in the United States and internationally through various carriers. Prices listed on the Site and/or App do not include tax. We are not responsible for paying VAT or import fees. If a package is returned to us as undeliverable or unclaimed, the User will be required to pay shipping and handling fees before we can resend the package. We are not responsible for providing tracking information on orders—it is the User’s responsibility to choose a shipping method that includes tracking information if that service is required.
Additional payment terms listed on our Site are hereby incorporated by reference.
8. Refund Policy
We do not accept returns. Products can be refunded only if the product arrives damaged. Users may also request a replacement if a product arrives damaged, and a photograph of the damage must be provided. A User must alert us of the damage within seven business days after delivery to receive a refund or replacement. If a package is lost in transit, we will provide a replacement at our expense, but the User will be required to pay shipping and handling fees. We do not provide refunds or replacements if an end result is not considered successful by the User.
Bonk Fit may offer coupons or other types of discounts, which shall be subject to any specific terms announced at the time of their issue. Bonk Fit may refuse to honor such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
10. Chargebacks and PayPal Disputes
Where a User provides payment to Bonk Fit, and that payment is subsequently reversed due to a chargeback, Amazon or PayPal dispute, the User shall be liable to Bonk Fit for the full amount reversed as well as any fees or other expenses incurred in enforcing Bonk Fit’s rights under this section. Users may, of course, enter into disputes with Bonk Fit according to the terms in our “Forum of Dispute” section found further below.
11. Our Copyright
Bonk Fit relies heavily on its content to distinguish itself from competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
12. Your Copyright
Bonk Fit must be assured that it has the right to use the content that is uploaded to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us, to the extent that is necessary for the purpose of providing you with our Service. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“Pueri Elemental” is a registered trademark used by us, Pueri Elemental LLC, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own print-on-demand business.
14. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
15. Copyright & Trademark Infringement
We take copyright infringement very seriously. If you believe that your copyright has been infringed, please send us a message which contains:
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our website of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.