TERMS AND CONDITIONS
Updated March 23, 2016
BAT IN THE SUN has developed these Terms & Conditions to govern your use of BAT IN THE SUN’s site, located at www.batinthesun.com (the “Site”). BAT IN THE SUN provides the Content (defined below) available to you on the Site subject to the following conditions.
Your access to, and use of, the Site indicates your agreement to these Terms & Conditions. Please read them carefully. These Terms & Conditions are a binding contract between you and BAT IN THE SUN, regarding your use of the Site. If you do not agree and accept, without limitation or qualification, these Terms & Conditions, please exit the Site.
BAT IN THE SUN has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at the Site. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your use of this Site and do not alter the terms or conditions of any other agreement you may have with BAT IN THE SUN.
BAT IN THE SUN may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any fees or charges for use of the Site or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on this Site. BAT IN THE SUN reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.
All of the information, text, photographs, images, illustrations, audio clips, video, html, source and object code, data, and other materials displayed on, transmitted through, or used in connection with the Site, including for example new and existing product information, marketing brochures, press releases, highlights, driver downloads, and other materials (collectively, the “Content”), as well as its selection and arrangement, are owned and copyrighted by BAT IN THE SUN, or its subsidiaries, licensors, or business partners.BAT IN THE SUN actively protects its rights, including its copyrights, trademarks and other intellectual property rights, in the Content to the fullest extent of the law.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache without BAT IN THE SUN’s express written consent. You also may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the express written consent of BAT IN THE SUN. You may not (i) decompile, reverse engineer or disassemble any Content; (ii) insert any code or product or manipulate the Content of the Site in any way that affects other users’ experience; or (iii) use any spiders, bots, Trojan horses, or any data gathering, mining, or extraction method in connection with your use of the Site. Requests to use the Content for any purpose other than as permitted above should be directed to BAT IN THE SUN.
The Content may include logos, trademarks and service marks (collectively “Marks”) owned by BAT IN THE SUN, its licensors, its business partners, and other third parties. No Marks may be used in any manner unless approved in advance by BAT IN THE SUN, and/or the appropriate trademark holder.
Any comments, ideas, suggestions, questions or materials you send to BAT IN THE SUN shall be deemed non-confidential, and you relinquish any copyright, trademark or other intellectual property right that you may have in what you have sent. By submitting comments, ideas, suggestions, questions or other materials, you further represent and warrant that the owner of such material has expressly granted to BAT IN THE SUN a royalty-free, perpetual, worldwide, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) and to incorporate it into other works in any form, media or technology now known or hereafter developed.
BAT IN THE SUN provides online technical support in the form of an e-mail to which you may address your technical inquiries. This support, as with all other content, is provided “As Is” and without warranty. BAT IN THE SUN disclaims any responsibility or liability for any diminution, reduction or elimination or voiding of any third-party warranty coverage arising out of or related to actions taken pursuant to BAT IN THE SUN’s technical assistance information or advice.
DISCLAIMER OF WARRANTIES
While BAT IN THE SUN uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. BAT IN THE SUN has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to or from any other sites. While BAT IN THE SUN encourages third parties that link to the Site to abide by these Site Terms, BAT IN THE SUN has no responsibility for actions of third parties. Additionally, with reference to any discussions, chats, web postings, transmissions, bulletin boards, blogs, and the like that may be on the Site, BAT IN THE SUN assumes no responsibility or liability arising from any infringing, threatening, false, misleading, discriminating, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.
BAT IN THE SUN makes reasonable efforts to ensure that the Content is accurate at the time it is posted on the Site, however, BAT IN THE SUN makes no representation or warranty of any kind regarding the Site or the Content, including without limitation, any representation or warranty regarding the accuracy, reliability, currency, or completeness of the Content.
BAT IN THE SUN makes no representation or warranty that Content at this Site is appropriate or available for use at any locations outside Canada. Accessing the Content from locations where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
You acknowledge and agree that the Site (including without limitation the Content) is provided on an AS IS basis; and that any use of or reliance on the Site shall be at your sole risk.
BAT IN THE SUN and its affiliates do not make any, and expressly disclaim all, representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, including without limitation any implied warranties and conditions of merchant-ability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade. For greater certainty, BAT IN THE SUN does not warrant that this Site will continue to operate, operate without interruptions or be error-free.
EXCLUSION OF LIABILITY
Your use of the Site is at your own risk. Neither BAT IN THE SUN nor any of its shareholders, subsidiaries, affiliates, officers, directors or employees, nor any of its agents or any other party involved in creating, producing, or delivering the Site, are liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of this Site or Content whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.
LINKS TO THIRD PARTY SITES
The Site may contain links to sites owned or operated by parties other than BAT IN THE SUN. Such links are provided for your convenience only. BAT IN THE SUN does not control, and is not responsible for, the content or privacy policies on, or the security of such sites.
Certain links on this Site may take you to other websites. BAT IN THE SUN provides these links only as a convenience.
BAT IN THE SUN is not responsible for the content of any such linked pages. BAT IN THE SUN makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described. If you use these Sites, you will leave this Site.
If you decide to visit any linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
BAT IN THE SUN welcomes links to this Site. However, you agree that if you want to link to this Site your website shall not: (1) create frames around any part of this Site or use other techniques that alter the visual presentation of this Site; (2) imply that BAT IN THE SUN is endorsing you or any other person, or your or such other person’s products or services; (3) imply an affiliation between you or any other person, or your or such other person’s products or services, and BAT IN THE SUN without the prior written consent of BAT IN THE SUN; (4) misrepresent the relationship of you or any other person with BAT IN THE SUN or present false, misleading or otherwise damaging information or impressions about BAT IN THE SUN or any of its products or services; or contain materials that may be interpreted as distasteful, harmful, offensive, infringing or inaccurate.
The Content is protected by worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute trade-marks, trade names, trade dress and associated products and services of BAT IN THE SUN or its affiliates (the ’Marks’), and are protected in the United States of America and internationally and their display on this Site does not convey or create any licence or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of BAT IN THE SUN is strictly prohibited.
Other trade-marks, trade names, trade dress and associated products and services mentioned on this Site may be the trademarks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on this Site does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
REVISIONS TO THE TERMS & CONDITIONS
BAT IN THE SUN reserves the right to change these Terms & Conditions at any time in its discretion, and without notice by updating this posting. Your continued use of the Site after the posting of any amended Terms & Conditions shall constitute your agreement to be bound by any such changes. BAT IN THE SUN may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. BAT IN THE SUN may deny access to any person at any time for any reason.
LIMITATION OF LIABILITY
You agree that in no event will BAT IN THE SUN or any of its affiliates have any responsibility or liability in connection with this Site for any loss or damages whatsoever, whether based on contract, negligence or other legal basis, including without limitation direct, indirect, special, punitive, exemplary or consequential damages or other damages (including without limitation damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, this Site, the content, any content of any linked web Site, or failure of such web Sites, (including without limitation any damages suffered as a result of omissions or inaccuracies in such web Sites or content, or the transmission of confidential or sensitive information to or from such web Sites) even if BAT IN THE SUN or any of its affiliates has been advised of the possibility of such damage or loss or if such damage or loss was foreseeable.
CHOICE OF LAW
This Site is controlled, operated and administered by BAT IN THE SUN from within the State of California, USA. By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the State of California and the federal laws of the United States of America applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
The Terms and Conditions constitute the entire agreement between BAT IN THE SUN and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between BAT IN THE SUN or its affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. BAT IN THE SUN’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right.