Updated June 16, 2020
Our Services are offered and available to Users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using our Services, you represent and warrant that you are of legal age to form a binding contract with Bowery and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.
Limited License and Intellectual Property Rights
Bowery grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services. Our Services and their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Content”) are owned by Bowery, its licensors, or other providers of such material and are protected by copyrights, trademarks, service marks, patents, trade secret, and other intellectual property or proprietary rights laws. These Terms of Service permit you to use our Services for your personal, non-commercial use only. You agree not to sell, license, rent, copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform or display, republish, adapt, edit, download, store, or transmit any of the Content. Notwithstanding the foregoing, you may print or download a reasonable number of copies of our Content for your own personal, non-commercial use and not for further reproduction, publication, or distribution, provided that you retain all copyright and other proprietary notices contained therein. No right, title, or interest in or to our Services or any Content is transferred to you, and all rights not expressly granted are reserved by Bowery. Any use of our Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
All Content, including but not limited to text, graphics, logos, icons, images, and video and audio clips, is the exclusive property of Bowery or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of Content on our Services is the exclusive property of Bowery and is also protected by U.S. and international copyright laws. The Content may be used as a resource in compliance with these Terms of Service, provided that Bowery is cited as the source of such Content. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content is strictly prohibited.
BOWERY and the Bowery logo are trademarks of Bowery. All other trademarks mentioned on our Services are the property of their respective owners. The trademarks and logos displayed on our Services may not be used without the prior written consent of Bowery or their respective owners.
Any and all contributions made by Users to or through our Services, including but not limited to comments, ideas, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, suggestions or other content, (collectively, “User Content”), are subject to the following content standards. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, such User Content must not infringe proprietary rights, contain any material that is defamatory, obscene, abusive, offensive, harassing, violent, inflammatory, or otherwise objectionable, involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions or advertising, or give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Links to Third Party Websites
Our Services may contain links to third party websites. This may include links contained in advertisements, including banner advertisements and sponsored links. We do not control the contents of such third party websites and accept no responsibility for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites or for any loss or damage that may arise in connection with your use of or reliance on them. Bowery provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation. If you decide to access any of the third-party websites linked on our Services, you do so entirely at your own risk and will be subject to the terms and conditions of use for such websites.
Changes to the Terms of Service
Access to Our Services
From time to time, we may amend our Services in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of our Services to Users.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON OUR SERVICES, OR ON ANY WEBSITE LINKED TO OUR SERVICES. OUR SERVICES ARE PROVIDED BY BOWERY ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOWERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR OUR CONTENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOWERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Although Bowery has attempted to provide accurate information on our Services, Bowery assumes no responsibility for the accuracy or completeness of the information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of our Content.
Our Services may include content provided by third parties, including materials provided by other Users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by Bowery, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Bowery. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BOWERY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF INFORMATION OR DATA, OR COSTS OF REPLACEMENT GOODS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless Bowery, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service, or your use of our Services, including, but not limited to any use of our Services other than as expressly authorized in these Terms of Service, or your use of any information obtained from our Services.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to our Services should be directed to [email protected].