Privacy Agreement
TERMS AND CONDITIONS OF USE
Welcome to the Ginger Martini Web Sites (hereinafter the “Web Site”). The following terms and conditions of use govern your use of the Web Site. By entering in this Web Site, you unconditionally consent to the following Terms and Conditions of Use, which can be modified by Ginger Martini in its sole discretion, at any time and without notice. The Terms and Conditions of Use include but are not limited to any others agreements and policies incorporated by reference herein (collectively “Terms and Conditions of Use”)
INTELLECTUAL PROPERTY RIGHTS
This Web Site as well as the Ginger Martini trademark are owned and registered by Ginger Martini.
Ginger Martini are collectively referred to as Ginger Martini hereinafter. All trademarks, logos, whether registered or not, displayed on the Web Site, including but not limited to the Ginger Martini trademark are owned by Ginger Martini and will remain the exclusive property of Ginger Martini These trademarks may not be used in connection with any product or service that does not originate with Ginger Martini, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Ginger Martini. You acknowledge and agree that the Web Site, and all content included therein, including, but not limited to, all text, information, data, images, icons, photographs, illustrations, multimedia (graphic, audio and video), charts, indices, reports, data, software, HTML code and screens contained therein and the like (collectively “Content”), is owned by or licensed to Ginger Martini and is subject to protection by international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world. Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Web Site, you may use, access, download, copy, store, manipulate, reformat, print or display any Content to which you have authorized access solely for your own personal use. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Web Site, or any Content contained therein. No right, title and/or interest in any material or software may be deemed assigned to you as a result of any such download or copying. You agree to maintain and abide by all copyright or trademark notices and other notices contained on the Web Site and in the Content.
DISCLAIMER
The Web Site is provided to you strictly on an “as is” basis, without warranties of any kind, either express or implies statutory or otherwise. No written information given by Ginger Martini shall create any warranty.
IN NO EVENT, SHALL Ginger Martini, OR ANY OF ITS AFFILIATES, AND ITS AND THEIRS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS OR SUCCESSORS OR ASSIGNEES OF EACH BE LIABLE HEREUNDER, UNDER ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, DATA OR PROGRAMMING, (WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE (EVEN IF Ginger Martini HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (A) YOUR USE OF THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE WEB SITE, (B) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE WEB SITE, (C) YOUR INABILITY TO USE THE WEB SITE FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE WEB SITE, (D) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, (E) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEB SITE, (F) UNAUTHORIZED ACCESS TO THE WEB SITE AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, OR (H) ANY OTHER MATTER RELATING TO THE WEB SITE.
Any reference to any product or service which has been or may be provided by Ginger Martini or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Ginger Martini takes all possible steps to ensure the accuracy and timeliness of the information included on this Web Site but cannot absolutely guarantee the accuracy, completeness or timeliness of the information provided on this Web Site.
However, Ginger Martini reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Web Site (or any part thereof) with or without notice. You agree that Ginger Martini shall not be liable to you or any third party for any modification, suspension or discontinuance of the Web Site.
COLLECTING DATA
The Ginger Martini’s Web Site may deposit “cookies” in a visitor’s computer. A cookie is a small data file placed on your computer’s hard drive by a web page server. A cookie may contain information (such as unique user ID), which is used to track the pages of the sites you’ve visited. Ginger Martini uses cookies to measure activity on its Web Site, which allows Ginger Martini to determinate which areas and features of its Web Site are most popular. This information allows us to make improvements and updates to enhance our Ginger Martini experience. We never save passwords, credit card information or other personal identifiable information in cookies.
Most web browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or to indicate when a cookie is being sent.
LINKS TO OTHER WEB SITES
Ginger Martini.COM may contain links to sites other than its own. These sites may have their own terms and conditions, or no terms and conditions at all. We have no responsibility for those sites and provide these links solely for the convenience of our visitors. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These sites may send their own cookies to you and may collect information and use same in a way inconsistent with Ginger Martini.COM Terms and Conditions of use. Furthermore, Ginger Martini cannot control these sites and external sources. Hence, Ginger Martini cannot be held responsible for those sites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those sites and external sources. In addition, Ginger Martini cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those sites or external sources.
SECURITY
Transmission of data over the Internet is never guaranteed to be completely secure. It is possible that third parties not under the control of Ginger Martini may be able to access or intercept transmissions or private communications without Ginger Martini’s permission or knowledge. Ginger Martini takes all steps possible to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Such transmissions are done at your own risk.
ACCEPTANCE OF TERMS AND CONDITIONS OF USE
You represent and warrant that (a) you have the power and authority to enter into this agreement; (b) your use of the Web Site will comply with these Terms and Conditions of Use.
You agree to indemnify and hold harmless, and at Ginger Martini’s option, defend Ginger Martini, and any of its affiliates, and its and theirs officers, directors, partners, members, managers, shareholders, employees, agents, representatives and licensors and successors or assignees of each from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Web Site by you.
PRIVACY
Ginger Martini understands that maintaining the confidentiality, integrity and security of its users’ non-public, personally identifiable information (“Personal Information”) is important to its users. In order for the Web Sites to work accurately and efficiently, Ginger Martini may collect and maintain Personal Information about users. Ginger Martini collects Personal Information in circumstances when you knowingly provide such information, such as the information you are requested to provide in the registration form required to subscribe to the Web Sites and through invisible means, as part of automatically collected information such as cookies.
In the normal course of serving its users, Ginger Martini may disclose Personal Information to Ginger Martini affiliates and agents. In addition, Ginger Martini contracts with third parties that perform services to Ginger Martini, for example, assistance in maintaining and managing the Web Site, Ginger Martini’s database and users’ Personal Information.