Terms & Conditions

1. PRIVACY POLICY

Please refer to our Privacy Policy for information on how BMB2S collects, uses, and discloses personally identifiable information from its users.

2. COPYRIGHT AND LIMITED LICENSE

Unless stated otherwise, all content and materials found on the Site, including but not limited to the BMB2S logo, designs, text, graphics, images, information, data, software, sound files, and any other files, as well as their arrangement and selection (collectively referred to as “Site Materials”), are the exclusive property of BMB2S, its licensors or users, and are safeguarded by United States and international intellectual property and copyright laws.

A limited, non-sublicensable license is granted to you, allowing you to access and use the Site, as well as to electronically copy (except where prohibited without a license) and print certain portions of the Site Materials solely for your personal, non-commercial, and informational use or for purchasing BMB2S products. Your license is subject to these Site Terms and does not include: (a) resale or commercial use of the Site or Site Materials; (b) collection and use of any product listings, pictures, or descriptions; (c) distribution, public performance or display of any Site Materials; (d) modification or creation of derivative works of the Site or Site Materials; (e) use of data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Site or Site Materials, except as expressly permitted; or (g) use of the Site or Site Materials other than for their intended purpose. Any unauthorized use of the Site or Site Materials, other than as authorized herein, is strictly prohibited and will terminate your license. Such unauthorized use may also violate applicable laws, including copyright, trademark, communications regulations, and statutes. Unless explicitly stated, these Site Terms do not grant any license to intellectual property rights, whether by estoppel, implication, or otherwise. BMB2S reserves the right to revoke this license at any time.

3. REPEAT INFRINGER POLICY

Following the Digital Millennium Copyright Act (DMCA) and other applicable laws, BMB2S has adopted a policy of terminating, in appropriate circumstances and at BMB2S’s sole discretion, subscribers or account holders deemed to be repeated infringers. BMB2S may also, at its sole discretion, limit access to the Site and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4. HYPERLINKS

You are authorized to create a text hyperlink to the Site for non-commercial purposes, subject to the following conditions: the link should not present BMB2S or its products and services in a false, misleading, derogatory, or defamatory manner, and the linking website should not contain any adult, illegal, or offensive material. BMB2S grants this limited right and may revoke it at any time. However, you are not permitted to use a BMB2S logo or other proprietary graphic to link to this Site without BMB2S’s written permission. Moreover, you may not use, frame, or utilize framing techniques to enclose any BMB2S trademark, logo, or proprietary information, including images, text, or the layout/design of any page on the Site, without BMB2S’s express written consent. Except as noted above, you have not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of BMB2S or any third party.

BMB2S does not make any claim or representation and assumes no responsibility for the quality, content, nature, or reliability of third-party websites that are accessible via hyperlinks from this site or websites that link to this site. These sites are not within BMB2S’s control, and BMB2S is not accountable for the content of any linked site, any link within a linked site, or any review, changes, or updates to such sites. BMB2S provides links from the Site to third-party websites only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by BMB2S of any site or any information contained therein. When you leave the Site, you should know that our terms and policies no longer govern. Please review the applicable terms and policies (including, for example, the privacy policy) of any third-party website you link to from the Site before using such a site.

5. THIRD-PARTY CONTENT

The Site may provide access to third-party content and links to third-party websites (collectively the “Third-Party Content”) as a service to those interested in this information. BMB2S has no control over, does not endorse, or adopt any Third Party Content, and cannot guarantee its accuracy or completeness. BMB2S does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users access and use such Third Party Content at their own risk.

6. ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES

6.1 BMB2S reserves the right to display advertisements and promotions from third-party entities on the Site, or to provide information about, or links to, products or services offered by such third parties. Your interactions, transactions, or correspondence with such third-party entities, as well as any terms, conditions, warranties, or representations associated with such interactions or promotions, are solely between you and the third party. BMB2S does not endorse any third-party products, services, advertisements, or promotions and is not responsible or liable for any loss or damage incurred as a result of such interactions or promotions. BMB2S is not responsible or liable for any loss or damage incurred due to any such dealings or promotions or the presence of such non-BMB2S advertisers or third-party information on the Site. By participating in BMB2S promotions, including without limitation BMB2S sweepstakes and contests, you agree that BMB2S may use your information for marketing and promotional purposes.

6.2 The BMB2S mobile message service (the “Mobile Service”) is operated by BMB2S, Inc. (BMB2S, “we,” or “us”). By using our service, you agree to be bound by these terms and conditions of use (“Mobile Terms”). We reserve the right to modify or terminate the service or its features at any time without prior notice. We may also change these Mobile Terms from time to time, and your continued use of the service after any such changes will indicate your acceptance of the modified terms.

We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Mobile Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from BMB2S via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to cancel at any time. You’ll receive a one-time opt-out confirmation text message. Suppose you have subscribed to other BMB2S mobile message programs and wish to cancel. In that case, you must opt out separately from those programs by following the instructions in their respective mobile terms. For Mobile Service support or assistance, email put-customer-service-email-here

For Mobile Service support or assistance, reply to HELP or email put-customer-service-email-here. Text message services are provided on an “AS IS” basis. Data obtained from you in connection with any text message services may include your cell phone number, your provider’s name, and the date, time, and content of your text messages. We may use this information per our Privacy Policy to contact you and provide your requested services. For more information on how we use telephone numbers, please read our Privacy Policy.

We may change any shortcode or telephone number to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP request you send to a short code or telephone number we have changed, may not be received, and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Mobile Service or from you providing us with a phone number that is not your own.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.

7. USER CONTENT

7.1 Concerning the Photos (as defined below), Submissions (as defined below), and any content or other materials you provide to or upload through the Site or share with other Site users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other rights of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know is false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.

7.2 The Site may pull content from our users who share photos and videos on Instagram using our brand hashtags, including, without limitation, #BMB2S, #blackmanborn2succeed, or #blackmenborn2succeed, #bmb2seliteclub, #bmb2swegotnext, #bmb2sshumbalion #bmb2sshumbalioncrest collectively, the “BMB2S Hashtags”), or tagging the @put-instagram-account-here account (collectively, “Photos”). You acknowledge and agree that the Photos may be used in BMB2S’s retail locations and emails and on the Site, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after the termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and other intellectual property rights.

7.3 By uploading any User Content, you, as a result of this grant and will grant BMB2S and its affiliated companies, successors, and assigns a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after the termination of your Account or the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

7.4 Except where prohibited by applicable law, by submitting User Content through the Site, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content or any Photos, Submissions, photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint BMB2S as your irrevocable attorney-in-fact concerning the User Content, with the right to execute and deliver any documents, in your name and on your behalf to ensure that we can use the User Content that you are licensing in any way we see fit, own and protect the rights in any derivative works created from your User Content, and have the User Content removed from any other website or forum.

7.5 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services (collectively, “Submissions”) that you provide to us are non-confidential, and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.

7.6 You acknowledge and agree that we may preserve User Content and may also disclose User 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 this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BMB2S, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to the technical requirements of connecting networks or devices.

8. REGISTRATION DATA; ACCOUNT SECURITY

By using the Site, you agree to the following terms:

(a) You must provide truthful, current, and complete information when prompted by any registration forms on the Site (“Registration Data”);

(b) By creating an account or registering to receive emails, you confirm that you are 18 years of age or older;

(c) You are responsible for maintaining the security of your password and identification;

(d) You must keep your Registration Data and any other information you provide to BMB2S accurate, current, and complete;

(e) You assume all risks of unauthorized access to the Registration Data and any other information you provide to BMB2S.

9. INDEMNIFICATION

You agree to defend, indemnify and hold harmless BMB2S, its parent companies, subsidiaries, and affiliates and each of their respective independent contractors, service providers, consultants, directors, members, employees, agents, agencies, and professional advisors (individually and together, the “BMB2S Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through the Site (including, without limitation, and User Content and Submissions) or your use of or inability to use the Site (including, without limitation, the Interactive Areas), including without limitation any actual or threatened suit, demand or claim made against the BMB2S Parties, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or any other BMB2S terms, policies or agreements available on or through the Site, or your violation of the rights of any third party.

10. DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY BMB2S, THE SITE, THE SITE MATERIALS CONTAINED THEREIN, AND THE SERVICES PROVIDED ON OR IN CONNECTION IN ADDITION TO THAT (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BMB2S DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN THE SITE. BMB2S DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BMB2S DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BMB2S IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. PRODUCT REVIEWS AND COMMENTS ARE STRICTLY THE USER’S OPINIONS POSTING SUCH REVIEWS OR COMMENTS, AND BMB2S DOES NOT ENDORSE OR APPROVE SUCH REVIEWS OR COMMENTS.

BMB2S IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE BMB2S ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, BMB2S CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

BMB2S reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any third-party products, services, processes, or other information by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation in addition to that, by BMB2S.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL BMB2S OR ANY BMB2S PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE SITE MATERIALS OR OTHER MATERIALS OR INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BMB2S, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BMB2S’s RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BMB2S, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BMB2S FOR ACCESS TO OR USE OF THE SITE.

12. APPLICABLE LAW AND VENUE

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Georgia, applicable to agreements made and to be entirely performed within the State of Georgia, without resorting to its conflict of law provisions.

13. TERMINATION

Notwithstanding any of these Site Terms, BMB2S reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site.

14. SEVERABILITY

Suppose any provision of these Site Terms shall be deemed unlawful, void, or unenforceable. In that case, that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

15. QUESTIONS & CONTACT INFORMATION

Questions or comments about the Site may be directed to BMB2S at the following postal and email addresses:

BMB2S

put-your-customer-service-address-here