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Big Gay Ice Cream Terms and Conditions of Use
Consent to Terms and Conditions
Use of this Website
Description of Services
BGIC provides Site visitors with information about BGIC, its products, promotions and events, enables you to subscribe to BGIC’s newsletter, enables you to sign up for and link to other social media platforms, and enables you to visit BGIC’s online store (the “Services”). BGIC provides an online retail store featuring products that Website users may purchase directly from the Website.
Ownership of the Website and Services
You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos owned or controlled by BGIC (collectively, “BGIC’s intellectual property”) in any manner except with BGIC’s consent.
Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Materials, in whole or part, without the express permission of BGIC, is prohibited. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law.
Provision of the Services by BGIC
BGIC seeks to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which BGIC provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that BGIC may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, at BGIC’s sole discretion.
Disputes with BGIC
Purchasing from BGIC
At the time you place an order on through the Website, you will be provided with delivery and shipping options. You will be able to select from those options and the fees applicable to each will be disclosed at time of purchase. At the time of purchase, you will be asked to provide shipping information to enable BGIC to ship your items to the address(es) you select. Shipping charges are added to the price of the item(s) you are purchasing at the point of purchase. At the point of purchase, you will be able to select the address you want your item shipped to and the shipping method you want used.
Cancellations and Returns
You will have 30 calendar days from the date you receive an item to return or exchange the item. In order to be eligible for a return or exchange, your item must be in the same condition as when you received it, and should be in the original packaging. You will need to provide a copy of your paid invoice or other proof of purchase in order to be eligible for a refund. If your return is approved, you will receive You will receive a credit within 7-10 days of approval of your refund, depending on the policies of your credit card issuer.
Use in the United States
This Website is intended for use within the United States, and we control and operate the Website from the United States. We make no representation that materials on the Website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You do not have to have an account to visit and browse the Website.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Website.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and the Services.
In connection with your use of the Website and the Services, you may not and you agree that you will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
• use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Website, Services or Materials;
• dilute, tarnish or otherwise harm the BGIC brand in any way, including through unauthorized use of the Materials, registering and/or using BGIC or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to BGIC’s domains, trademarks, taglines, promotional campaigns or other Materials;
• infringe the rights of BGIC or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
• interfere with or damage our Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
BGIC may elect to terminate your access to the Website immediately and without notice to you in the event that you violate any of these rules of conduct.
Limitation of Liability and Warranty and Use Disclaimer
BGIC endeavors to make sure that all information and data it originates on the Website is accurate. However, BGIC is not responsible for any damages or loss related to the use of this Website.
THIS WEBSITE, ALL CONTENT AND MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS AND CONTENT CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBISTE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. BGIC RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBISTE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, AND ACCEPTS NO RESPONSIBILITY FOR THE WEBSITE OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.
SUBJECT TO THE SAVINGS CLAUSE, NEITHER BGIC (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, BGIC (A) MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF ANY MATERIALS ON OR OTHER CONTENT OF THE WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND, (B) ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF BGIC’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.
Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, BGIC’s liability is limited to the greatest extent allowable under applicable law.
When you communicate with BGIC electronically, via email or otherwise, you consent to receive electronic communications from BGIC. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by BGIC satisfy any legal requirement that such communication be in writing. BGIC encourages you to retain your own copies of relevant information.
With respect to all communications you make to BGIC directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and BGIC shall have no obligation to protect your communications from disclosure; (ii) BGIC shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation and/or payment to you; and (iii) BGIC shall be free to use without limitation and/or payment to you, any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information to the fullest extent permitted by law.
Acquisition of Business
In the event that BGIC and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of BGIC and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, BGIC will post a notice to such effect on this Website.
Copyright Infringement - Notice and Take-Down Policy
BGIC values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, then pursuant to Title 17, United States Code, § 512, you may notify BGIC Designated Agent in writing as follows:
Name of Designated Agent: Copyright Administrator Douglas Quint
Address: Douglas Quint c/o Big Gay Ice Cream
61 Grove Street
New York, NY 10014 USA
Electronic Mail Address: firstname.lastname@example.org
In your notice, you must include the following:
i. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
ii. identification of the copyrighted work(s) that is (are) allegedly being infringed;
iii. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow BGIC to locate such materials;
iv. contact information (i.e., name, address, email address) sufficient to enable BGIC to contact you;
v. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
vi. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
U.S. Export Controls
Software from or related to this Website (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Website. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software is at your sole risk.
Disputes and Governing Law
Except where prohibited by law, as a condition of you accessing and/or using this Website, you agree that, to the fullest extent permitted by law (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually (without resort to any form of class action) and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.
that BGIC believes that there is a violation, or a threatened violation, of any of BGIC’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.