Introduction
Welcome to the Restly® Gray Alcohol Markers, Alcohol Markers, Markers website (the “Site”). These Terms and Conditions of Use (“Terms”) are a legal agreement between you and Restly® Gray Alcohol Markers, Alcohol Markers, Markers (“we,” “us,” “our”) governing your use of the Site and any services made available through the Site (collectively, the “Services”).
Please read these Terms carefully before using the Site or Services. By accessing or using the Site or Services, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms, you may not access or use the Site or Services.
Use of the Site and Services
You must be at least 13 years old to use the Site or Services. If you are under 13, you may not access or use the Site or Services.
Your access and use is conditioned on compliance with these Terms. You agree to use the Site and Services in accordance with these Terms and all applicable laws. We reserve the right to refuse or terminate your access and use for any reason at our discretion.
You are responsible for maintaining the confidentiality of your login credentials. You are solely responsible for all activities that occur under your account, including any unauthorized use. You agree to immediately notify us of any unauthorized account use or other breach of security.
Intellectual Property Rights
The Site and Services contain proprietary content owned by us and our licensors. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, repost, perform, display, or in any way exploit any of the Site or Service’s content or intellectual property, in whole or in part, except as expressly permitted in these Terms or with prior written consent.
We grant you a limited, revocable, non-exclusive license to access and use the Site and Services. This license is for personal, non-commercial use only. This license does not include any right to: frame or utilize framing techniques; resell, redistribute, or sublicense any portion of the Site or Services; download, store, reproduce, transmit, display, or distribute any portion of the Site or Services; or modify, translate, adapt, merge, make derivative works based on, disassemble, reverse compile, or reverse engineer any part of the Site or Services except to the extent the foregoing restrictions are expressly prohibited by applicable law.
Any unauthorized use immediately and automatically terminates the permissions and licenses granted to you. We reserve the right to take any and all action permitted by law against unauthorized use.
User Content
You are responsible for your submissions of text, photos, videos, graphics, comments, and any other content you provide through the Services. You represent and warrant you have the right and authority to submit any content you provide, and such content will comply with the requirements provided in these Terms.
We are not responsible for maintaining your submissions and we may delete or remove them at any time. You retain full ownership over all content you submit. We do not claim any ownership rights to your content. These Terms do not grant us any rights to your content except for the limited licenses described in these Terms.
You grant us an unlimited license to use, store, reproduce, modify, create derivative works, publicly display, and distribute your submissions. This license allows us to provide and promote the Site and Services. This license continues even if you stop using the Site or Services.
We welcome your comments and feedback about the Site and Services. However, we will not be obligated to post, display, or distribute any submissions, and we may delete or remove submissions for any reason. We reserve the right to limit the volume of submissions, edit or modify submissions, and remove or refuse to post content we deem inappropriate or offensive.
You are fully responsible for your submissions, including their legality, reliability, and appropriateness. We are not responsible or liable for any submissions by you or others. You agree to indemnify, defend, and hold us harmless from all claims, liabilities, losses, and expenses arising from your submissions.
Prohibited Uses
You agree you will not:
- Use the Site or Services for any illegal or unauthorized purpose
- Impersonate any person or entity or provide false information
- Access, monitor or copy any unauthorized content or information
- Interfere with or disrupt the Site or Services or any servers or networks
- Attempt to gain unauthorized access to the Site, Services, accounts, or computers
- Stalk, harass, solicit, or harm any other user
- Circumvent or modify any security technology or software
- Use any robot, spider, crawler, scraper, or other automated means to access the Site or Services
- Harvest or collect information about users without permission
- Modify, adapt, translate, or create derivative works based on the Site, Services, or any content
- Remove any copyright, trademark or other proprietary rights notices
- Frame or mirror any part of the Site or Services without our express written consent
- Use the Site or Services in violation of any applicable law
Any violation may lead to termination of your account along with civil or criminal liability. We reserve the right to investigate and prosecute violations to the fullest extent permitted by law. We may involve and cooperate with law enforcement authorities in prosecuting users in this regard.
Third-Party Content and Links
The Site and Services may contain links to third-party websites, apps, products, or services. We are not responsible for the content, advertising, functionality, practices, or availability of third-party content. Any dealings with third parties are solely between you and such third parties.
Third-party content is governed by the terms provided by the third parties. We do not endorse, warrant, or guarantee such content and disclaim all liability for damages or losses arising from third-party content. We encourage you to review any third-party terms before using or accessing third-party content.
We may produce automated search results or otherwise link to third-party content beyond our control. We make no representations or warranties regarding the accuracy, completeness, timeliness, or ownership of third-party content. Access and use at your own risk.
Disclaimers
The Site and Services are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis. To the fullest extent permitted by law, we disclaim any representations and warranties express, implied, or arising by custom, course of dealing, or trade usage regarding the Site, Services, or any content. We make no warranty the Site or Services will meet your needs or requirements or the Site, Services, and content will be complete, accurate, reliable, current, secure, uninterrupted, always available, or error free. We do not control third parties or third-party content, products, or services. You assume full responsibility and risk of loss from your access and use of the Site and Services. We are not liable for any harm resulting from downloading or accessing any information or material through the Site or Services.
You are solely responsible for your interactions with other users. We disclaim all liability for damages arising from disputes, transactions, communications, and dealings with other users. Use caution and common sense when interacting with others.
No advice or information obtained from us creates any warranty. All statements and opinions expressed on the Site or Services are solely the opinions of the original authors and do not reflect our opinions. Reliance on any materials posted by us is solely at your own risk.
We disclaim any duty to update or modify the Site, Services, or their content. We may update, alter, suspend, discontinue, or restrict access to the Site, Services, content, or any portion at any time and without notice or liability. Any dated content is published as of its original date only. We are not obligated to update or remove any outdated or inaccurate content.
Limitations on Liability
Our liability arising out of or relating to these Terms and your use of the Site and Services is limited. To the fullest extent permitted by law, in no event will we be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits. We disclaim all liability for hacking, viruses, spyware, or any other unauthorized access to or use of your data or information.
To the fullest extent permitted by law, our total liability for all claims arising out of or relating to these Terms or your use of the Site and Services is limited to the greater of $100 or the amounts paid by you to us in the 12 months before the claim arose. Some jurisdictions do not allow limits on certain types of liability; this limitation may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, shareholders, officers, directors, agents, and employees from any claim, liability, losses, demands, causes of action, damages, expenses, or costs arising out of or related to:
- Your access or use of the Site or Services
- Your submissions, actions, or omissions
- Your violation of these Terms or any additional terms
- Your violation of any third party rights, including intellectual property rights
You agree to investigate, defend, indemnify, and hold harmless us, our parents, subsidiaries, affiliates, shareholders, officers, directors, agents, and employees immediately upon request. We reserve the right, at our expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with us in that defense.
Governing Law
These Terms are governed by the laws of the State of Tennessee without regard for conflict of law rules or principles. You agree that any action related to or arising out of these Terms must be brought exclusively in the state or federal courts located in Nashville, Tennessee. You hereby irrevocably consent to personal jurisdiction and venue in Nashville, Tennessee for all disputes related to or arising out of these Terms.
Severability and Survival
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. The failure to enforce any provision will not constitute a waiver. Any unenforceable provision will be replaced with an enforceable provision that most closely reflects our original intent. Our disclaimers, limitations on liability, and provisions regarding ownership of intellectual property, indemnity, and disputes will survive termination of these Terms.
Modifications to the Terms
We reserve the right to modify these Terms at any time. Updated versions will be posted on the Site with an updated effective date. Updates containing material changes will require your consent by resubscribing to the updated Terms.
Your continued use after any changes constitutes acceptance. You are responsible for regularly reviewing the Terms. If you use the Site or Services after the effective date, you consent to the updated Terms.
Contact Us
Please contact us with any questions or concerns regarding these Terms.
Restly® Gray Alcohol Markers, Alcohol Markers, Markers
Address: 123 Main St, Nashville, TN 37205
Email: [email protected]
Phone: (615) 123-4567
Thank you for responsibly using our Site and Services! We appreciate you taking the time to fully understand these Terms. We hope you enjoy our Site and Services!
