Privacy Policy and Terms of Use
Terms of Use
Thank you for visiting our website, www.bomanijones.com (the “Site”). YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. Your use of this Site is governed by the following terms of use (the “Terms”). These terms are a legally binding agreement between OLD SOUL PRODUCTIONS LLC (and its partners, Bomani Jones, The Evening Jones Show) and you. They will govern the relationship between you and us and everything that you do on the Site. If you do not agree with all of these Terms, please exit this Site now. By using this Site, you agree to comply with, and be bound by these Terms.
These Terms of Use govern your use of the Site, the information that we make available to you on the Site and any goods or services that we sell you directly from this Site. These Terms of Use do not govern any other relationship with any third party. If you are entering into a contract with a third party we will make this clear to you on the Site and you ought to read the third party’s terms and conditions carefully before entering into a contract with them. By accessing or using this Website, you agree to this Privacy Policy and its terms. Our Website is intended for adults 18 years of age and older and thus is not intended for children under 13 years of age. By using this site, you accept that you will be bound by these Terms of Use. BomaniJones.com may, from time to time, change these Terms in its sole discretion. By using this Site after any such change, you agree to comply with, and be bound by, the Terms as changed.
The Website is intended for adults 18 years of age and older and is thus not intended for children under 13 years of age. No one under age 13 may provide any information to or post any information on the Website. We do not knowingly collect personal information from children under 13.
Who we are
Our website address is: https://www.bomanijones.com.
What personal data we collect and why we collect it
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Contact forms
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998 and GDPR).
We may collect information about you for 2 reasons: firstly, to process your order and second, to response to any queries which you may have.
We will not e-mail you in the future unless you have given us your consent.
We will give you the chance to refuse any marketing email from us in the future.
The type of information we may collect about you includes:
- your name
- email address
- IP Address
We will never collect information about you without your explicit consent.
The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
Cookie Policy
Your privacy is important to us. This policy specifically explains how we, OLD SOUL PRODUCTIONS LLC (and its partners, Bomani Jones, The Evening Jones Show) deploy cookies, as well as the options you have to control them.
Cookies collection
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
The personal information which we hold will be held securely in accordance with our internal security policy and the law.
We may use technology to track the patterns of behavior of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
If you have any questions about our use of cookies, you can find the most relevant contact details below.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Analytics
Who we share your data with
no one.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Contact information
CONTACT
1.1 This Site is owned and operated by OLD SOUL PRODUCTIONS LLC (“we”, “us”, “our”). If you would like further information about OLD SOUL or anything else referred to on the Site, please contact us using the following details:
omize@bomanijones.com
Additional information
USE OF THE SITE
2.1 You may not use the Site in any improper or unlawful manner or in breach of any legislation or license that applies to you.
2.2 Except as expressly permitted, you agree that when using the Site you will not:
(a) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libelous, hateful, or otherwise illegal material or information or anything which might constitute a criminal or civil offense;
(b) upload files or other data that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents; or
(c) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Site or any other computer.
2.3 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Site.
2.4 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any Charges or any other costs, liabilities or damages that may be incurred by any such person.
COMPETITIONS AND PRIZE DRAWS
3.1 From time to time it may possible to enter competitions or prize draws through the Site. There may be additional terms and conditions applicable to those competitions or prize draws. Where additional terms apply you will be notified of that fact and given an opportunity to read those terms and conditions before you enter the competition or the prize draw.
INTELLECTUAL PROPERTY
4.1 All Intellectual Property Rights (as defined at 4.4 below) in or to the materials and information made available to you through the Site are either owned by us or licensed to us by our third party partners. You may only use such information or materials in accordance with these Terms of Use. Except as expressly provided in these Terms of Use, we do not grant any express or implied right to you to use the materials or information made available to you through the Site and nothing in these Terms of Use shall be construed as an assignment of any Intellectual Property Rights in or to such materials or information. All our rights are hereby expressly reserved.
4.2 You may view, download and print any materials and information made available to you through the Site subject to the following conditions:
(a) the media, material and information may only be used for your personal and non-commercial purposes;
(b) the media, material and information shall not be reproduced or included in any other work or publication in any medium without the written permission of OLD SOUL;
(c) the media, material and information may not be modified or altered in any way;
(d) the media, material and information may not be distributed or sold to any third party;
(e) you may not remove any copyright or other proprietary notices contained in the material or the information.
4.3 We do not give you any rights in relation to Intellectual Property Rights in any product or service that you purchase from or via the Site.
4.4 The term “Intellectual Property Rights” shall be taken to mean all patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
WARRANTIES AND DISCLAIMERS
5.1 We will exercise all reasonable skill and care in providing the Site. We obtain the materials and information provided on the Site from third party partners and so we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.
5.2 Therefore, except as expressly provided in these Terms of Use, the Site and all materials and information provided through it are provided on an “as is” basis without warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) and all other conditions, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or that your use of the Site will not infringe the rights of any third party) are hereby excluded to the fullest amount permissible by law. Without limiting the foregoing, we make no warranty that the Site and all materials and information provided through it will meet your requirements. Therefore we advise you to check any materials or information provided to you through the Site as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
5.3 This Site contains links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any other website which you may access through this Site or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. In addition, use of any such third party website or microsite may be subject to your acceptance of additional terms and conditions.
LIMITATION OF LIABILITY
6.1 Nothing in these Terms of Use shall be construed as an attempt to limit or exclude our liability in respect of:
(a) death or personal injury caused by our negligence;
(b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you;
(c) any other liability that cannot be so limited or excluded at law.
6.2 Subject to Clause 6.1, you agree that we shall not be liable for:
(a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or
(b) any loss of profit (whether direct or indirect), whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with:
(c) any use of this Site or its contents;
(d) any failure or delay in the use of any component of the Site or any service including, without limitation, any unavailability of the Site or the services irrespective of duration of any period of unavailability; or
(e) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
6.3 Without limiting the effect of Clause 6.2, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any materials or information through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
6.4 You agree that you shall indemnify us against any claims or legal proceedings that are brought or threatened against us by a third party because your use of the Site or any material or information through the Site is in breach of these Terms of Use.
6.5 Some goods or services may differ slightly from the description or appearance on the Site. Please check the delivered product/service immediately on receipt because we will not be held responsible for any subsequent loss or destruction.
6.6 We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
TERMINATION
7.1 We may terminate these Terms of Use immediately on giving notice in writing to you if:
(a) you commit any breach of any term of this Agreement; or
(b) you do not comply fully with Clause 2 above; or
(c) you commit a material breach of these Terms; or
(d) we choose to so terminate in our sole discretion.
7.2 You may terminate these Terms of Use forthwith subject to any outstanding payments due.
7.3 Forthwith upon termination of this Agreement, you cease all use of the Site. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision in this Agreement, which is expressly or by implication intended to come into or continued in force on or after such termination and neither shall it affect any common rights that are available to you.
DATA PROTECTION AND PRIVACY
8.1 We will only use any personal information that we may collect about you in accordance with our privacy policy.
NO WAIVER
9.1 Any failure or delay by us to enforce any of our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
SUBMISSIONS
10.1 You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to BomaniJones.com through or in connection with this Site (“Submissions”), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain the property of BomaniJones.com. Such disclosure, submission or offer of any Submission shall constitute an assignment to BomaniJones.com of all rights, title and interests in all copyrights and other rights in the Submission. BomaniJones.com is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with or related to this Site, you agree that BomaniJones.com has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. BomaniJones.com does not, cannot and does not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree not to upload, post, distribute or otherwise publish on this Site any material that (i) is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible for the content of any Submission you make.
INDEMNITY
11.1 You agree to defend, indemnify and hold harmless OLD SOUL, BomaniJones.com, TheEveningJones.com, its affiliates and their officers, directors, employees, designers and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of this Site.
THIRD PARTY RIGHTS
10.1 These Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
SEVERABILITY
11.1 If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms of Use. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms of Use.
ENTIRE AGREEMENT
12.1 The warranties, exclusions and the other express provisions of these Terms of Use and the privacy policy set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto. Subject to Clause 6.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms of Use other than any remedy you may have for breach of the express terms of these Terms of Use.
GOVERNING LAW & JURISDICTION
13.1 This Agreement is governed by the laws of California and the parties agree to submit to the exclusive jurisdiction of the state of California Courts.
Website administrator:
Omize Design
omize@bomanijones.com
Effective Date of the Agreement is December 2, 2019.