BOTTOM’S UP BIKINI’S TERMS
WEBSITE LEGAL TERMS
This Website is owned and provided by Bottom’s Up Bikini’s and is provided for your personal entertainment, information, and education. “Website” as used in these Terms includes all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, and applications on third-party social-networking services such as Facebook or Twitter and our applications on mobile devices. Your use of this Website is subject to the following terms and conditions. Your use of the Website constitutes your acceptance of these terms and conditions and your agreement to be bound by them. If you do not agree to these terms, please do not use this Website or any services offered by this Website.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”, “Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then please do not use this Website or any services offered by this Website. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms .
You can review the most current version of the Terms at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases, and the general Shopify application. They store your data on a secure server, behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service and/or Privacy Statement.
You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from Bottom’s Up Bikini’s. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Website or any co-branded Website must be accurate, complete, and current.
By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as:
- accessing data not intended for you or logging into a server or account that you are not authorized to access
- attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
- attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website
- sending unsolicited or unauthorized email, including promotions and/or advertising of products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and forging any TCP/IP packet header or any part of the header information in any email or posting
- using the Website in a manner that is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs)
- interfering with or disrupting the Website, services connected to the Website, or otherwise interfering with operations or services of the Sites in any way infringing any copyright, trademark, trade secret, patent or other right of any party, or defaming or invading the publicity rights or the privacy of any person, living or deceased (or impersonates any such person)
- causing us to lose (in whole or part) the services of our internet service providers or other suppliers
- linking to materials or other content, directly or indirectly, to which you do not have a right to link
- using the Website in a manner that is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Bottom’s up Bikini’s in its sole discretion
- harvesting or otherwise automatically collecting any information (including without limitation personal information) about other users of the Website, including, without limitation, e-mail addresses, without the express consent of such users
- copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Website or any portion thereof
- violating, or encouraging anyone to violate, any applicable local, state, national, or international law, regulation or order.
Bottom’s Up Bikini’s owns all rights regarding its trademarks, trade names, logos, brand names and trade dress (“Trademarks”). These Trademarks are registered and/or common law trademarks of Bottom’s Up Bikini’s and they are protected by U.S. and international laws and treaties. No license to the use of such Trademarks is granted to you under these Terms or by your use of the Website. Your use or misuse of our Trademarks displayed on the Website is strictly prohibited. You are also advised that we may aggressively enforce our intellectual property rights to the fullest extent of the law by way of civil remedies and/or criminal prosecution.
The use or misuse of these Trademarks or any other content on this Website, except as provided in these Terms or in the Website content, is strictly prohibited. You may print copies of the information on this Website for your personal use, store the files on your computer for personal use, or reference this server from your own documents. However, you may not distribute text or graphics to others without our express written consent. Also, you may not, without our permission, copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another
system. We reserve all other rights.
Your use of the Website is limited to personal and non-commercial use only unless other uses are granted expressly to you. You may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Website Content for public or commercial purposes without our written permission for such use of Content. You may not harvest or otherwise collect information about others, take any action that imposes an unreasonably large load on the Website’s servers, violate the security of the Website, or engage in any other conduct that exposes us or any of our users to any liability or potential harm.
Bottom’s Up Bikini’s respects the intellectual property of others, and we ask our users to do the same. Bottom’s Up Bikini’s has no responsibility for content on other websites that you may find or access when using Bottom’s Up Bikini’s products or services.
It is Bottom’s Up Bikini’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Bottom’s Up Bikini’s and/or others.
COPYRIGHT AND INTELLECTUAL PROPERTY
All names, logos, service marks, and Trademarks appearing in this Website, including the Trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property (“Content”), except as otherwise noted, are protected intellectual property of, or used with permission or under license by, Bottom’s Up Bikini’s. This includes the entire Content of the Website, copyrighted and protected as a collective work.
You are permitted to share Content provided through the Website on social media sites such as Facebook, Twitter, Instagram, or similar services. This permission is a limited license to use the Content solely for social purposes and not for any competitive or commercial purposes and does not represent a transfer of title in or to any Bottom’s up Bikini’s Content.
We have a no-tolerance policy regarding the use of our Bottom’s Up Bikini’s Trademark in metatags and/or hidden text. Specifically, the use of our Trademarks in metatag keywords is trademark infringement, and the use of our Trademarks in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any web page on our website is prohibited absent our express written permission. Associating or juxtaposing our website or its Content (e.g., through framing or inline linking with advertisements and/or other information not originating from our website) is expressly prohibited.
You agree to defend, indemnify and hold Bottom’s Up Bikini’s, its officers, directors, employees, agents, licensors and suppliers harmless from and against any and all losses, claims, damages, costs, liabilities and expenses, including attorneys” fees, arising from or related to your use of our Website, your breach or alleged breach of these Terms, your unauthorized use of the Content or your violation of any rights of any other person.
CUSTOMER RATINGS AND REVIEWS OF TERMS
These Terms govern your conduct associated with the Customer Ratings and Review service offered by Bottom’s Up Bikini’s.
By submitting any content to Bottom’s Up Bikini’s, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto
- all “moral rights” that you may have in such content have been voluntarily waived by you
- all content that you post is accurate
- you are at least 13 years old
- use of the content you supply does not violate these Terms and will not cause injury to any person or entity
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate, or misleading
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation
- for which you were compensated or granted any consideration by any third party
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers
- that contains any computer viruses, worms or other potentially damaging computer programs or files
You agree to hold Bottom’s Up Bikini’s harmless from all claims, demands, and
damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’; fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Bottom’s Up Bikini’s a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at Bottom’s Up Bikini’s sole discretion.
By submitting your email address in connection with your rating and review, you agree that Bottom’s Up Bikini’s and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
USER SUBMITTED CONTENT
This Website may allow users to post text, images, audio, video, links to other sites, or other content to the Website. As a consequence, you may see materials that have been submitted to this Website by individuals not affiliated with Bottom’s Up Bikini’s. Bottom’s Up Bikini’s does not endorse these individuals nor are we in any way associated with any of the materials that they may post on this Website or link to from this Website. Bottom’s Up Bikini’s (nor their respective officers, employees, or agents) shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individuals or in connection with any conduct of these
By submitting any content to this site, you understand and agree that you are giving us a royalty-free, irrevocable, non-exclusive and sublicenseable license to use, reproduce, publish, distribute, perform, display and creative derivative works from any such user submissions, in whole or in part, in any form (including for promotional or marketing purposes). You agree not to disparage, defame or otherwise seek to damage anyone or invade anyone’s rights through any submitted content.
THE WEBSITE IS PROVIDED BY BOTTOM’S UP BIKINI’S ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE MAXIMIM EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT. ADDITIONALLY, WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVERS MAKING THE SITE AVAILABLE ARE VIRUS FREE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THESE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY
INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO COMPANY THROUGH THE SITES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THESE LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BOTTOM’S UP BIKINI’S AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
All comments, suggestions, ideas, notes, drawings, concepts, recipes or other
information disclosed or submitted to us by you through this Website or in response to solicitations in this Website (“Submitted Ideas”) shall be and shall remain our property. You understand and acknowledge that we have both internal and external resources which may have developed or may in the future develop ideas or other items identical to or similar to the Submitted Ideas and that we are only willing to consider the Submitted Ideas on these terms. In any event, no Submitted Idea is submitted in confidence and we assume no obligation, express or implied by considering the Submitted Idea.
Without limitation, we shall exclusively own all now known or hereafter existing rights to the Submitted Ideas of every kind and nature throughout the Universe and shall be entitled to unrestricted use of the Submitted Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Submitted Ideas.
You do not have to Register to view the Website. You can visit the Website, read blog posts and other materials, browse merchandise, post reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an account in order to access the full features of the Website, for example to become a member of the Beach Club. To register, you must create a user account, which requires you to provide your email address, mailing address including zip code, mobile number, birth date, and select a password. When creating a user account, you must provide accurate, complete, and updated registration information. You are solely
responsible for the activity that occurs on your account, and you must keep your
account password secure. You are fully responsible for your failure to safeguard
information and/or to permit any other person to access or use the Sites using your profile and/or account, and for all activities that occur under your profile and/or account. You may not sell or otherwise transfer your profile or account or any portion thereof. You must notify Bottom’s Up Bikini’s immediately of any breach of security or unauthorized use of your account. Bottom’s Up Bikini’s will not be responsible for any losses caused by any unauthorized use of your account. Bottom’s Up Bikini’s reserves the right to refuse registration or terminate, suspend, or cancel access to a user account at any time in its sole discretion. If we suspend or cancel access to your account, you may be prevented from accessing the Website (temporarily or permanently), your account details and/or any files or other various S materials, including all text, comments, icons, images, messages, tags, links, photographs, audio, video and other content that are contained in or accessible through your account, all of which may be deleted by us. Such suspension or cancellation of your account will mean that you may lose access to all content submitted by you. You may also terminate or discontinue your own account at any time by sending an email request to accounts@BottomsUpBikinis.com.
Additionally, consent to receive recurring automated marketing by text message through an automatic telephone dialing system is not a condition to purchase. STOP to cancel, HELP for help. Message and Data rates may apply.
TERMINATION OR RESTRICTION
Bottom’s Up Bikini’s may terminate or restrict your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Website at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty and disclaimers shall survive any such termination.
Certain products may be available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you do see depend on your computer monitor and other factors beyond Bottom’s up Bikini’s control, we cannot guarantee that your computer’s display of any color on the Website will be accurate. We reserve the right, but are not obligated, to limit the sales of
our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
RISK OF LOSS THROUGH INDEPENDENT CARRIER
All products purchased from this Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Bottom’s Up Bikini’s. Title to products purchased on the Website, as well as the risk of loss for such products, passes to you when Bottom’s Up Bikini’s delivers these items to the carrier.
AGREEING TO TERMS
If you do not agree to these Terms posted on the Website, please do not use this Website or any services offered by this Website. We reserve the right to make changes to these terms at any time. Please check back from time to time to ensure you are aware of any updates or changes. Your use of our Website indicates acceptance of all terms.
You may reach us with any comments at firstname.lastname@example.org.