Privacy Policy / Terms and Conditions

Privacy Policy / Legal

 

Second Generation, Inc., the owner of both the BEBOP TM and FISHBOWL TM brands (“Second Generation”), is committed to respecting and protecting your privacy and the personal information that you share with us on this website. When you visit the website BeBopClothing.com (the “Site”) as well as other sites on the Internet, the owner of the site has the ability to collect information about you, from your name and address to your shopping preferences. The following is Second Generation’s privacy policy.

 

Policy Updates

 

Second Generation may update this privacy policy from time to time. We will post all updated policies on this page.  You should consult this page frequently so that you are aware of our updated policies.

 

Types of Information We Collect

 

Second Generation will not collect any personal information about you (such as your name, address, age, telephone number, or e-mail address) unless you provide it to us voluntarily. If you do not want your personal information collected, please do not submit it to us. If you have already submitted this information and would like us to remove it from our records, please contact us at the email address listed on the contact page of the Site. When you do provide us with personal information, we may use that information to improve the content of the Site, to notify you about updates to the Site, and to contact you directly regarding products we believe may be of interest to you. Except as described below in this section and under the “Disclosure of Information” section, we do not give or sell any user information to any third party. However, Second Generation may disclose your personal information when required by law or court order.

 

When you visit the Site, Second Generation also collects anonymous information from you using “pixel tags (also known as “web beacons” or “clear gifs”). This may include the Internet browser you are using, the computer operating system you are using, time spent visiting the Site, usage patterns within the Site, your computer’s Internet protocol (IP) address, date and time information, and other technical information about your computer, and the domain name of the Site from which you linked to our Site. This information is not matched to your personal information. Third party service providers may use this information in connection with advertising strategies.

 

Disclosure of Information

 

The information you provide on the Site may be disclosed by Second Generation to third party service providers who manage our customer information and perform services on our behalf. These services may include, without limitation, filling orders, administering promotions or contests, administering surveys, and communicating with users. Occasionally Second Generation may enter into an agreement with another company to provide services or products. In such event, Second Generation may share your information. Second Generation does not give these third parties permission to further disclose your information.  If Second Generation, or a particular division of Second Generation, were to be sold or merged with another business, our successor would have all of the information you provide.

 

Information Collected for the Purpose of Online Orders

You must be 18 years of age or older to shop on our Site and you must use a valid credit card or other valid payment method accepted by us to purchase products online. When you place an order online, certain information is collection, such as your name, mailing address, products ordered, shipping address, email address, and credit card information. This information is necessary in order to place, confirm and fulfill your order.  Once you give us this information, you may be added to our marketing database.  You may later opt out of receiving such communications. If you choose to make future ordering faster, you may start an account with us.  If you choose to do so, you will be asked to choose a user name and password, and to register information such as (but not necessarily limited to) your mailing address, alternate ship-to addresses, and preferred payment method.

Use of Cookies

 

Our site uses “cookies.” A cookie is a small amount of data that is sent to your browser from an Internet server and stored in your computer. Generally, we use cookies to remind us of who you are, tailor our products and services to suit your personal interests, estimate our audience size, allow us to better understand how users use the site, and/or to analyze your visiting patterns. You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. Also, most browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.

 

Children

 

While the Site is a general audience site, Second Generation will never knowingly request or collect personal information from any person under 13 years of age without prior verifiable parental consent. Children under age 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. If we become aware that an individual is under the age of 13 and has submitted any information to Second Generation for any purpose without prior verifiable parental consent, we will delete his or her information from our files. In addition, if a parent or guardian becomes aware that a child has submitted personal information, that parent or guardian should tell us that they would like this information deleted from our records by contacting us at the email address listed on the contact page of the Site. We will delete the child’s information from our existing files. We reserve the right, in our discretion, to do any one or more of the following in order to verify a minor’s parental permission to use the Site:

  • Request a signed form from the parent via mail or fax; or
  • Request an email from a parent accompanied by digital signature

Security

 

We understand the utmost importance of protecting the security of your personal information that you share with us. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot represent, warrant or guarantee the security of any information you transmit to or from our site, and you transmit any information at your own risk.

 

We do not send or take your credit card number via email and we encourage you to adopt this practice with all of your online purchases. Second Generation utilizes TC Link to ensure the security of online transactions. All communicants are encrypted end to end with a 1024-bit RSA public/private keypairs assuring server authenticity and security. You are responsible for maintaining the confidentiality and security of your own user registration and password.

 

You also have the option of placing an order with Second Generation by phone if you are not comfortable placing an order online. You may contact us to purchase by phone by calling (213)743-8700.

 

Personal Information Scams

 

Never give information in response to an email that purports to be from this Company asking you for your personal information.  We will never request your password, user name, credit card information or other personal information through email and we urge you not to respond to any such requests.

 

Links to Other Sites

 

This site may contain links to other sites operated and maintained by third parties. Privacy policies for such linked sites or products or services may be different from our privacy policy. Second Generation is not responsible for the privacy practices or the content of such websites. You should always read the privacy policy for a linked site before disclosing any personal information on such site.

 

Your California Privacy Rights

 

California Civil Code Section 1798.83 permits customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us a written request by U.S. mail at the address provided on the contact page of the Site.

 

Questions or Comments

 

For questions or comments about this Privacy Policy, please contact the email address listed on the contact page of the Site.

 

Terms and Conditions

 

Second Generation, the owner of both the BEBOP TM and FISHBOWL TM brands (“Second Generation”)  manages, maintains, and updates the website BeBopClothing.com (the “Site”) for your viewing pleasure, entertainment, and information regarding Second Generation. By using this Site, you accept and agree to be legally bound by and comply with the terms and conditions set forth below (collectively the “Terms and Conditions”) and all applicable laws.

If you do not agree to any provision of the Terms and Conditions, please do not access this Site. Second Generation reserves the right to modify and revise these Terms and Conditions at any time by updating this posting. You are bound by any and all such modifications, and therefore it is your responsibility to review the then current Terms and Conditions page periodically. Your continued use of the Site after the effective date of the changes to the Terms and Conditions constitutes your agreement and acceptance to such changes.

 

Proprietary Rights

 

All content, information, data, text, illustrations, photographs, images, products, artwork, designs, video, audio, logos and trademarks provided on this Site (collectively the “Content”) are owned by Second Generation and are protected by worldwide copyrights, trademarks, patents, trade secrets, or other proprietary rights.

 

Enjoy surfing through the Site among its various pages. The Content on this Site, and the Site as a whole, are intended solely for personal non-commercial use by users of this Site. You may download various materials from the Site for non-commercial use provided that you follow all copyright and other proprietary notices including but not limited to these Terms and Conditions. You may not distribute, modify, transmit, or use in anyway the content of this Site for public or commercial use without Second Generation’s prior, direct, written permission. Use of any Content for any purpose not expressly permitted in the Terms and Conditions is prohibited. Requests for permission to use the copyrighted material on the Site should be the contact information on the “about us” page on the Site.

 

The names, trademarks, brands, logos, designs, trade dress and other designations that Second Generation uses in connection with this Site, including, without limitation, SECOND GENERATION TM, BEBOP TM and FISHBOWL TM (the “Second Generation Trademarks”) are owned by Second Generation. You may not remove or alter the Second Generation Trademarks, nor use the Second Generation Trademarks without the prior, written consent of Second Generation, except to identify the products or services of Second Generation and only if your reference is truthful and not misleading. All other trademarks, copyrights, designs and images may be subject to the intellectual property rights other third parties, and no license is granted with respect thereto.

 

Third Party Sites

 

Second Generation is in no way responsible or liable for the external sites linked to the Site nor is Second Generation liable or responsible for these sites’ contents. Linking to any of these off-Site pages is at your own risk. Second Generation recommends that you check the terms and conditions and specific privacy policy of any site, whether or not linked to our Site, before using the site or providing any personal information.

 

Postings and Submissions by Users

 

By posting, sending, electronically mailing, or providing in any manner any materials that do not fall within the guidelines of the Privacy Statement to the Site including but not limited to questions, comments, suggestions, and data, you grant Second Generation a limited license and permission to use, modify, copy, distribute, translate, reformat, transmit, publicly display or perform, reproduce, and edit your submission,

 

The license you are granting to Second Generation is non-exclusive, fully-paid, royalty-free, worldwide, and may be sublicensed to the extent necessary (such as in connection with content delivery networks that provide the Site). This means that you will not be compensated for our use of the content in any manner.

 

You represent and warrant that: (i) you have the right to grant the license set forth in this section and you have the right to use and control the content posted, and (ii) the posting of your content on our Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content you post on the Site. See “Copyright Policy” below.

 

Your submission will not be treated as confidential except to the extent covered in the Privacy Policy posted on this Site. Moreover, Second Generation may use any ideas, concepts or techniques contained in any communication you send to the Site in any way whatsoever including, but not limited to, developing, manufacturing and marketing such products.

 

You may not send any material that violates any rights of any third party, or is profane, pornographic, obscene, scandalous, unlawful, harmful, perverse, or constitutes or promotes illegal activities. By way of illustration (but not by way of limitation) the following are some specific examples of activity that is illegal or otherwise prohibited on the Site:

 

  • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

 

  • advertising to, or solicitation of, any other user to buy or sell any products or services. You may not transmit any chain letters or junk email through the Site or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to anything to another user without such user’s explicit prior written consent;

 

  • covering or obscuring the banner advertisements on your personal profile page, or any other page of the Site via HTML/CSS or any other means;

 

  • any automated use of the system, such as using scripts to add contacts or send comments or messages;

 

  • interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;

 

  • attempting to impersonate another user or other person;

 

  • using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;

 

  • using any information obtained from the Site in order to harass, abuse, or harm another person;

 

  • displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site, whether on your own behalf or on behalf of a third person, including but not limited to the posting of commercial content on your profile, the posting of blogs or bulletins with a commercial purpose, and sending private messages with a commercial purpose; or

 

  • using the Site in a manner inconsistent with any and all applicable laws and regulations.

 

 

Second Generation may refuse to post and may delete or edit any or all of the materials that you send to the Site. Second Generation may also delete any registration at any time for any reason without notice or liability.

 

Copyright Policy

You may not post, modify, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. In accordance with the Digital Millennium Copyright Act and other applicable laws, Second Generation has a policy of terminating the privileges and right to use the Site of any user who Second Generation believes, in its sole and absolute discretion, is repeatedly infringing the intellectual property rights of others.  In addition, Second Generation’s policy is to terminate the privileges and rights to use the Site of any user who has infringed the intellectual property rights of another, whether repeatedly or in a single instance, upon receipt of proper notification to Second Generation by the copyright owner or the copyright owner’s legal agent.  Second Generation is not obligated to monitor postings to determine copyright ownership, but we may so monitor if we choose at any time and from time to time.  If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notices of claims of copyright infringement should be sent to us at the address set forth in “Contact Information” below.

 

Products

 

The products displayed on this Site may be available at authorized select retailers in the United States and abroad. However, Second Generation cannot guarantee that the products appearing on this Site will be available at every authorized retailer, as availability and selection are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by Second Generation at any time without notice. Any prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered herein.

 

Right to Refuse Use and Limit or Cancel Orders

At any time and for any reason or no reason, Second Generation may refuse to allow a user to place an order on the Site, cancel orders, or limit the number of items ordered by any person or by multiple persons at the same address or using the same credit card.  We may also deny access to the Site to any user if Second Generation, in its sole and absolute discretion, believes that such user has used the Site in violation of the Agreement.

 

Consumer Product Safety Act/Consumer Product Safety or Improvement Act of 2008/Proposition 65 Compliance

 

Second Generation is in compliance with any and/or all legal and regulatory requirements and guidelines relating to the goods including but not limited to the Consumer Product Safety Act, the Consumer Product Safety Improvement Act of 2008 and California Health and Safety Code sec. 25249.5 et. seq.  (“Proposition 65”).  Such compliance shall include but is not limited to testing results for lead and phthalates ensuring goods meet all federal and state guidelines and affixation of requisite warnings and production information on all products. If you believe that Second Generation has violated any part of the Consumer Product Safety Act, the Consumer Product Safety Improvement Act of 2008 or Proposition 65, you agree to contact Second Generation as soon as possible to bring your concerns to our attention.  Second Generation will investigate such concerns and take such actions as may be reasonably required to ensure that Second Generation remains in compliance with those laws, rules and regulations.

 

Please note that while we take all reasonable precautions to ensure the safety of Second Generation’s products, some chemical hazards are inherent in the manufacturing process.  Accordingly, you should pay heed to the following warning:

WARNING:  Some of the products sold on this Site contain a chemical known to the State of California to cause cancer, birth defects or other reproductive harm.

Disclaimer of Warranties

 

THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SECOND GENERATION DOES NOT WARRANT OR GUARANTEE THAT ALL CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND SECOND GENERATION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. YOUR USE OF THIS SITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK.

 

Limitation of Liability

 

IN NO EVENT SHALL SECOND GENERATION, ANY OTHER PARTY INVOLVED IN THE CREATION, DEVELOPMENT, OR PRODUCTION OF THIS SITE, OR ANY OF THEIR AFFILIATES BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT SECOND GENERATION, ANY OTHER PARTY INVOLVED IN THE CREATION, DEVELOPMENT, OR PRODUCTION OF THIS SITE, OR ANY OF THEIR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Indemnification of Second Generation

 

You agree to defend, indemnify and hold Second Generation and its affiliates harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising from or in connection with your use or misuse of this Site and the Content or your violation of any provision of these Terms and Conditions.

 

International Use

 

Second Generation makes no representation or warranty that this Site and its Content are appropriate or available for use in locations outside the United States. Accessing this Site or the Content from territories in which this Site or the Content is illegal is prohibited. You agree that if you choose to access this Site or Content from any locations outside the United States, you do so on your own initiative and are solely responsible for compliance with international and local laws.

 

Dispute Resolution

 

If there is a dispute about these Terms and Conditions or your use of this Site, the laws of the State of California, United States of America, shall apply, without regard to any conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in Los Angeles County, in the State of California, United States of America.

 

Purchases of Merchandise on the Site

 

All purchases of merchandise on the Site are subject to the Return & Exchange Policy which is available for review on the Site. The Return & Exchange Policy is incorporated herein by reference.

 

Questions or Comments

 

For questions or comments about these Terms and Conditions, please contact the email address listed on the contact page of the Site.