Terms & Conditions - Bathtub Gin Advertising Co.

You agree that by accessing and/or using our services (described below), you will comply with these terms of use (“Terms of Service”) that govern your use and/or access of bathtubgincreative.com (the “Site”). If you do not agree to be bound by the Terms of Service, promptly discontinue using the Site.

We may modify the Terms of Service and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Site, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may choose to no longer access and/or use the Site. Your continued use of the Site after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date. Further, we may change, suspend or discontinue the Site at any time without notice to you.

As a user of the Site, the collection, use and sharing of your personal data is subject to this Privacy Policy and updates.

Intellectual Property Rights

Bathtub Gin Creative, LLC, d/b/a Bathtub Gin, (“BG”) reserves all of its intellectual property rights in the Site. Trademarks and logos used in connection with the Site are the trademarks of their respective owners.

All pages within this Site and any material made available for download are the property of BG. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation the files, documents, text, photographs, images, audio and video, and any materials accessed through or made available for use or download through this Site (collectively, “Content”) may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, without BG’s prior written consent. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout or form) of BG without our prior written consent.

Accuracy and Integrity of Information

Although BG attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform BG so that it can be corrected. Information contained on the Site may be changed or updated without notice.

Prohibited Use of Our Site

As a condition of your continued access to and use of this Site, you agree to abide by all applicable federal, provincial, territorial, state and other laws and regulations. In addition, without limiting the foregoing, you agree not to: impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Site, or interfere with or disrupt networks or servers connected to the Site or violate the regulations, policies or procedures of such networks. If you submit or upload any information or files to our Site (“Submissions”), you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) submit or upload anything that violates the privacy rights, the copyright rights, or intellectual property rights of any person or entity; or (3) post or transmit a virus or any other harmful component. BG shall have a perpetual, worldwide, irrevocable license and right to use Submissions for its business purposes without media limitations. You are responsible for ensuring that all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption.

Disclaimer of Warranties

BG NEITHER REPRESENTS NOR WARRANTS THAT ACCESS TO OR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT AND TITLE/NON-INFRINGEMENT. BG SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. BG NEITHER REPRESENTS NOR WARRANTS THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. BG DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

Limitation of Liability Regarding Use of Site

BG IS NOT RESPONSIBLE AND LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

Links to Other Sites

BG makes no representations whatsoever about any other third-party website that you may access through this Site. When you access a third-party’s website, please understand that it is independent from BG, and that BG has no control over the content on that website. In addition, a hyperlink to a third-party website does not mean that BG endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.

Indemnity

You agree to indemnify us and hold us and our employees, agents, and licensors harmless from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from any alleged violation by you of these Terms of Service.

Revisions; General

BG reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. If any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect. The Terms of Service constitute the entire agreement between BG and you pertaining to the subject matter hereof. In its sole discretion, BG may from time-to-time revise the Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service so you are aware of any such revisions to which you are bound. Certain provisions of the Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Applicable Laws

These Terms of Service are governed by and construed in accordance with the laws in effect in the State of Massachusetts, and any dispute is to be submitted to the site administrator.

If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Service and any and all other legal notices or statements posted on the Site constitute the entire agreement between us and you with respect to the use of the Site, including the Content.