Terms & Conditions

Please read these Terms of Use (the"Terms") carefully before using this website. These Terms apply toall visitors to or users of the Bopika websites located at Bopika.com and anymobile versions of these websites or any other websites operated by Bopika orany of its affiliates that link to or adopt these Terms (collectively, the"Websites"). These Terms also apply to applications created by Bopikathat are available for various mobile devices that link to or adopt these Terms(our "Mobile Applications"). The term "Online Channels" isused in these Terms to refer to both our Websites and Mobile Applications. Byusing any of these Online Channels or downloading a Mobile Application, youagree to be bound by these Terms. If you do not agree to these Terms, please donot use the Online Channels or download a Mobile Application.

Bopika (referred to as "Bopika,""we," "us" and "our") reserves the right tochange these Terms, in whole or in part, at our sole discretion, and to provideyou with notice of such change by any reasonable means, including withoutlimitation posting revised Terms on the Online Channels. You should alwayscheck these Terms prior to using our Online Channels. Your continued use of anOnline Channel following the posting of changes to these Terms will mean thatyou accept those changes.

If you are a Bopika Consultant, youagree that your use of the Online Channels is subject not only to these Terms,but also to the terms and conditions contained in your Consultant Agreementwith us.

A "Bopika Consultant" is anindividual:

• who has agreed, pursuant to the terms of a Consultant Agreement, to be a Bopika independent consultant;
• who remains an active Bopika Consultant in good standing; and
• whose Consultant Agreement or status as a Bopika Consultant has not been terminated.

The "Consultant Agreement"means the Bopika Independent Sales Consultant Application and Agreement,collectively with the Terms and Conditions of the Consultant Agreement, theConsultant Guidebook, and the Career Path.

1. Terms Specific to Users of MobileApplications

In addition to all the remaining Termsherein, if you are downloading a Mobile Application, you understand and agreethat we have no obligation to maintain, support, upgrade or update any MobileApplications that we provide. It is also possible that, as you download aMobile Application, you may be asked to agree to terms in addition to theseTerms regarding collection of information, including location information orwarranties. If there is a conflict between these Terms and the terms you agreeto at the time of downloading, the agreed to downloading terms will control.You understand and acknowledge that the terms of agreement with your respectivemobile network provider ("Mobile Provider") will continue to applywhen using the downloaded Mobile Application. As a result, you may be chargedby the Mobile Provider for access to network connection services for theduration of the connection while accessing the Mobile Application and youaccept responsibility for any such charges. You acknowledge that if you aredownloading a mobile application through Apple iTunes or Google Play, neitherApple nor Google have an obligation to provide any support or maintenanceservices in relation to our Mobile Applications. If you have maintenance orsupport questions in relation to one of our Mobile Applications, contact us at1-866-GIFTS31 or cags@Bopika.com.

2. Using the Online Channels

We own and operate the Online Channels.The contents of the Online Channels are copyrighted under United Statescopyright laws. We grant you a limited license to access and make personal useof the Online Channels. No right, title or interest in our Information (definedbelow) is conveyed to you.

Except as stated in these Terms, none ofthe material on the Online Channels, including each and every web page andrelated images, videos, HTML code, scripts, software to provide MobileApplications or other digital assets (collectively, the "Information")may be copied, reproduced, distributed, republished, uploaded, displayed,posted or transmitted in any way. You may not:

• decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, copy or create derivative works from the Online Channels or the Information;
• use any robot, spider, other automatic device, search engine or manual process to monitor or copy the Online Channels or the Information without our prior written consent;use any network monitoring or discovery software to determine any of the Online Channels’ architecture, or extract information about its usage or users;
• copy, modify, reproduce, republish, distribute, display, or transmit for commercial, nonprofit or public purposes all or any portion of the Online Channels, except to the extent authorized by us;
• use or otherwise export or re-export the Online Channels or any portion of the Online Channels, the Information or any software available on or through the Online Channels in violation of the export control laws and regulations of the United States of America.

Any unauthorized use of any of theOnline Channels or the Information is prohibited.

"Bopika" and our othertrademarks, trade names, brand names, service marks, logos and trade dressappearing on the Online Channels are our proprietary trademarks, are registeredand/or common law trademarks, and are protected by U.S. and international lawsand treaties. The use of any of our trademarks, trade names, brand names,service marks, logos or trade dress is strictly prohibited, except as expresslyprovided by these Terms.

Special Notice: We have ano-tolerance policy regarding the use of our trademarks or names in metatagsand/or hidden text. Specifically, the use of our trademarks or names in metatagkeywords is trademark infringement, and the use of trademarks or names in pagetext, metatags, and/or hidden text for purposes of gaining higher rankings fromsearch engines is unfair competition. You may not, without our express writtenconsent, do any of the following:

• link to any web page on any of our Online Channels for the purpose of appearing to be affiliated with or endorsed by us or to gain higher rankings in search engines;
• use any metatags or any other "hidden text" utilizing our name or trademarks; or
• frame, inline link or utilize other techniques to associate or juxtapose any of our trademarks, logos, or other Information with advertisements and/or other information not originating from our Online Channels.

Any unauthorized use terminates yourlimited license, and we may revoke this limited license at any time for any orno reason. In the event of a violation of these Terms, we reserve the right toseek all remedies available by law and in equity. We retain the right at oursole discretion to deny access to any one to our Online Channels at any timeand for any or no reason, including, but not limited to, for violation of theseTerms. You are also advised that we will aggressively enforce our intellectualproperty rights to the fullest extent of the law, including the seeking ofcivil remedies and criminal prosecution.

3. Your Personal Information

Your submission of personal informationthrough the Online Channels is governed by our Privacy Policy, located at http://www.Bopika.com/privacy and theseTerms incorporated by reference. You represent and warrant that any informationyou provide in connection with your use of the Online Channels is true,accurate and complete, and that you will maintain and update the information asneeded, so that the information remains true, accurate and complete.

4. Registration

You may be required to register with usin order to access certain areas of the Online Channels (referred to as"Accounts"), for example, if you are a Bopika Consultant or purchaseour products or otherwise initiate Transactions (as defined below in Section 7,"Buying from Our Online Channels"). With respect to any registration,we may refuse to grant you, and you may not use, a user name or email addressthat:

• belongs to or is already being used by another person;
• may be construed as impersonating another person;
• violates the intellectual property or other rights of any person;
• is offensive; or
• we reject for any other reason in our sole discretion.

You are responsible for maintaining theconfidentiality of any password you use to access the Online Channels. Youagree not to transfer your password or user name, or lend or otherwise transferyour use of or access to the Online Channels to any third party. You are fullyresponsible for all Transactions (including any information transmitted inconnection with any Transactions) and other interactions with the OnlineChannels that occur in connection with your user name. You agree to immediatelynotify us of any unauthorized use of your password or user name or any otherbreach of security related to your Account, your user name or the OnlineChannels. You also agree that you will "log off" and exit from yourAccount with the Online Channel (if applicable) at the end of each session. Weare not liable for any loss or damage arising from your failure to comply withany of these obligations.

5. Your Behavior

We expect users of the Online Channelsto respect the law as well as the rights and dignity of others. While using theOnline Channels, you agree to comply with all applicable laws, rules andregulations. Your use of the Online Channels is conditioned on your compliancewith the rules of conduct below. Your failure to comply with these rules ofconduct may result in termination of your access to the Online Channels. Youagree that you will not post, transmit, redistribute, upload, or promote anycommunications, content or materials that:

• contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer;
• are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;
• contain chain letters or pyramid schemes;
• contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;
• impersonate any person, business or entity, including our company and our employees, consultants and agents;
• encourage conduct that would constitute a criminal offense;
• give rise to civil liability;
• otherwise violate any law; or
• in doing so, amounts to any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Online Channels or our related services and products.

Additionally, you acknowledge and agreethat you (and not us) are responsible for obtaining and maintaining alltelecommunications, broadband, and computer hardware, equipment, and servicesneeded to access and use our Online Channels, and for paying all chargesrelated to using our Online Channels.

6. Chances to Win and Similar Promotions

Any sweepstakes, contest, or similarpromotion made available through our Online Channels may be governed byspecific rules that are separate from these Terms. By participating in anysweepstakes, contest, or promotion, you agree to become subject to those rules,which may vary from these Terms. We urge you to read the applicable rules, ifany, which will be linked from the sweepstakes, contest, or promotion.

7. Buying from Our Online Channels

If you wish to purchase any product orservice or to make a payment to your Account through our Online Channels (eachpurchase or other exchange is a "Transaction"), you may be asked tosupply certain information about your Transaction, including without limitationyour credit card number, your credit card verification or other security code,the expiration date of your credit card, your billing address and your shippinginformation. We will treat any information you provide through our OnlineChannels in accordance with these Terms and the Privacy Policy. We may need toverify the information you provide before your Transaction can be acknowledgedor completed. You represent and warrant that you have the legal right to useany credit card(s) or other payment means used to initiate any Transaction.

We reserve the right, with or withoutprior notice, to:

• change product or service descriptions, images and references;
• limit the available quantity of any product or service;
• honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion;
• prevent or prohibit any user or customer from making any or all Transaction(s); and/or
• refuse to provide any user or customer with any product or service.

The price and availability of anyproduct or service offered through our Online Channels are subject to changewithout notice, and we will not be responsible for errors, inaccuracies oromissions in the prices or descriptions of any products or services. We havemade every effort to display as accurately as possible the colors, styles andfeatures of our products that appear on our Online Channels; however, theactual color, styles and features you will see will depend on many factors,including your device, and we cannot guarantee that your device will accuratelydisplay our colors, styles and features. The inclusion of any products on ourOnline Channels does not imply or warrant that these products will be availableover the internet at any particular time.

Refunds and exchanges will be subject toour refund and exchange policies in effect at the time the Transaction is made.You agree to pay all charges that may be incurred by you or on your behalfthrough our Online Channels, at the price(s) in effect when the charges areincurred, including without limitation all shipping and handling charges. Youare also responsible for any taxes that may be applicable to your Transactions.

8. We Serve U.S. Customers Only

We control and operate the OnlineChannels from our offices located in the State of Ohio, United States ofAmerica. The Online Channels are not intended to subject us to the laws orjurisdiction of any state, country or territory other than those of the UnitedStates. Unless otherwise specified, the materials made available through theOnline Channels are presented solely for the purpose of providing services andpromoting products available in the United States. We make no representation orwarranty that the Online Channels, or any products, services, or materials madeavailable through the Online Channels, are appropriate or available for use inother locations. Those who choose to access the Online Channels from otherlocations do so on their own initiative and at their own risk and areresponsible for compliance with local laws, rules and regulations, if and tothe extent local laws, rules or regulations are applicable.

9. Our Consultants and TheirPersonalized Sites

Bopika Consultants are our independentthird party contractors and are not otherwise affiliated with us. We are notresponsible or liable for the statements, acts or omissions of BopikaConsultants, whether through or in connection with the Online Channels,"offline," or otherwise. Without limiting the foregoing, we enable BopikaConsultants to create personalized online sites that contain Bopika brandingand content and that may share URLs with our Online Channels. You acknowledgeand agree that we have no control over, and are not responsible or liable for,any text, images, or other information or materials posted by BopikaConsultants to such personalized online sites or any customizations made by BopikaConsultants to such personalized online sites (such information, materials, andcustomizations) or any materials communicated by a Bopika Consultant to you.We have not taken any steps to confirm the accuracy or reliability of any suchinformation or other materials communicated by a Bopika Consultant to you, andwe make no representations or warranties as to the security of anycommunications between you and any Bopika Consultant.

10. User Submissions

The Online Channels may from time totime permit the submission of user-submitted text, comments, suggestions,artwork, photographs, product ideas, music, video, audio, images and othercommunications and materials ("User Submissions"). You understandthat such User Submissions may be accessed and viewed by others, including bythe general public, and, whether or not such User Submissions are published, Bopikadoes not guarantee any confidentiality with respect to any User Submissions.You are solely responsible for your own User Submissions and the consequencesof publishing them on the Online Channels.

By submitting User Submissions, youhereby grant to Bopika an unrestricted, nonexclusive, perpetual, royalty-free,worldwide, transferable and irrevocable license and right, but not theobligation, to use, edit, alter, copy, reproduce, disclose, display, publish,remove, prepare derivative works from, perform, distribute, exhibit, broadcast,or otherwise exploit the User Submissions, in whole or in part, in any form,media or technology, now known or hereafter developed including, withoutlimitation, broadcast and cable television, radio, mobile transmission, and theInternet, for any purpose whatsoever including, without limitation,advertising, promotion, entertainment or commercial purposes, without anypayment to or further authorization by you. Under the license granted herein, Bopikashall be free to use any ideas or concepts contained in the User Submissionswithout further attribution, compensation or notice to you. Bopika does notendorse any User Submissions or any opinion, recommendation, or adviceexpressed therein.

In connection with User Submissions, youaffirm, represent, and warrant to Bopika that: (i) the content of your UserSubmission(s) is original (no lifts from previously published material,including music); (ii) you own all right, title and interest to your UserSubmission(s) and have the sole and exclusive right (including all intellectualproperty and other proprietary rights embodied by the User Submissions orrepresented by such User Submissions) to license all of the rights therein to Bopikaas set forth above; (iii) use of your User Submission(s) on the Online Channelsor otherwise by Bopika, in whole or in part, will not infringe upon the rightsof any third party including, without limitation, any intellectual property orprivacy rights; and (iv) you have obtained written permission from any otherperson named, photographed or otherwise depicted or whose voice is used in yourUser Submission(s) which will allow Bopika to utilize the User Submission(s)without compensation or objection. For clarity, Bopika does not claimownership of your User Submissions.

You further agree that you will notsubmit any material, communications or content that is copyrighted, protectedby trade secret or otherwise subject to third-party proprietary rights,including privacy and publicity rights, unless you are the owner of such rightsor have permission from their rightful owner(s) to do the same and to grant Bopikaall of the license rights granted herein.

Bopika does not permit copyrightinfringing activities on the Online Channels, and Bopika may remove anymaterials if properly informed that any such materials infringe on another'scopyright rights. Bopika will terminate a user's ability to submit UserSubmissions if, under appropriate circumstances, such user is determined to bea repeat infringer.

Bopika also reserves the right todetermine in its sole discretion whether User Submissions are appropriate andcomply with these Terms and other applicable rules and restrictions and whetheror not to allow the uploading and/or removal of any User Submissions. Bopikareserves the right to terminate your access to the Online Channels foruploading or attempting to upload such material in violation of the foregoing.

It is our general policy not to acceptany unsolicited suggestions for product improvements, new product ideas, ormarketing ideas from outside the company. Any unsolicited suggestions orinformation you send us will be treated as non-proprietary and non-confidentialand will become the property of Bopika for use without compensation in oursole and unlimited discretion. By submitting product ideas to us, you areirrevocably licensing to us the unrestricted right to copy, modify, publish andpublicly distribute that product idea, with or without naming you as the authoror contributor, in our discretion. If you do not agree with the foregoing,please do not submit, forward or send us any product ideas.

11. Notice of Copyright Infringement

We do not permit copyright infringingactivities on our Online Channels and may remove any content of any kind, forexample, if properly informed that the content infringes upon another'scopyright rights. We may terminate the ability to submit content if, underappropriate circumstances, a person submitting content to the Online Channelsis determined to be a repeat infringer.