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TERMS OF USE

BLAME IT ON BACCHUS, LLC TERMS AND CONDITIONS ("TERMS")

Welcome to Blame It On Bacchus (“we,” “us,” “Blame It On Bacchus, LLC” or the “Company”) website, located at www.blameitonbacchus.com (the “Website”). These Terms of Use (“Terms”) govern your use of the Website, and any services we may provide through the Website, including in connection with all existing and new accounts (collectively, “Services”). We reserve the right to change, modify, add, or remove portions of these Terms at any time for any reason and in our sole discretion.  We suggest that you (“you” or “user”) periodically review these Terms for amendments.  By using our Services, you accept the practices described in these Terms.  If you do not agree to these Terms, please do not use our Services.

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If you are accessing on behalf of a company, by using these services, you are representing to us that you have the right to bind that company to these Terms.

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Users of the Website are provided with a wide variety of information and services, including instructional videos, search capabilities, access to articles and content, the ability to submit comments, and access to merchandise for shopping opportunities. By using our Website, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Website.

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Limitations of Use

Your license for access and use of the Blame It On Bacchus Website and any information, materials and documents therein are subject to the following restrictions and prohibitions on use:

  • You may not copy, reproduce, distribute, republish, display, post, or transmit any material contained on the Website in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Blame It On Bacchus.

  • You may not use the Website or any materials obtained from the Website to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism.

  • You also may not “mirror” any material contained on the Website on any other server. Any unauthorized use of any content on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. Elements of the Website that are licensed by Blame It On Bacchus, including but not limited to design elements and code, are subject to the same conditions.

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Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this Website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

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Trademarks

There are many trademarks, service marks, trade names, and logos on the Website (“Trademarks”). Some are owned by Blame It On Bacchus, LLC, and some are owned by third parties. You cannot use any Trademark without the written permission of the owner of the Trademark. Written permission is also required, which use is likely to cause consumer confusion. Under no circumstances will you be permitted to use any Trademark which in any manner disparages or discredits the owner of the trademark. 

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Links to Third-Party Sites

The Website may contain links to websites controlled, owned, and operated by third parties (the “third-party sites”). Blame It On Bacchus cannot control or be responsible for the accuracy or availability of information provided on third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by Blame It On Bacchus of such sites or the content, products, advertising, or other materials presented on such sites, but are only for your convenience, and you access them at your own risk. Such third-party sites may have a privacy policy different from that of Blame It On Bacchus, and the third-party site may provide less security than this Website. We are not responsible for the content of any third-party websites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party websites, and Blame It On Bacchus shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

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Termination

You agree that Blame It On Bacchus may, with or without cause, immediately terminate your Blame It On Bacchus account and access to the Blame It On Bacchus Service without prior notice. Without limiting the foregoing, the following will lead to a termination by Blame It On Bacchus of a user’s use of the Blame It On Bacchus Service:

  • breaches or violations of these Terms of Use or other incorporated agreements or guidelines

  • requests by law enforcement or other government agencies

  • a request by you (self-initiated account deletions), or

  • unexpected technical issues or problems. Termination of your Blame It On Bacchus account includes removal of access to all offerings within the Blame It On Bacchus Service. It may also bar you from further use of the Blame It On Bacchus Service. Furthermore, you agree that all terminations shall be made in Blame It On Bacchus' sole discretion and that Blame It On Bacchus shall not be liable to you nor any third-party for any termination of your account or access to the Blame It On Bacchus Service.

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You further agree that you will not:

  • submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Blame It On Bacchus all of the license rights granted herein;

  • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

  • post advertisements or solicitations of business:

  • impersonate another person.

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Public Comments and Forums

Blame It On Bacchus may make such resources as online message and commentary boards, forums, blogs, and personal profile pages available to users. Please remember that any such information that you may choose to provide in these areas becomes the property of Blame It On Bacchus in accordance with our Terms and Conditions, and we may use such information in any way that we see fit. Such information also becomes accessible to the public. Consequently, you should exercise caution when you disclose your personal information via these areas of our Website, or upload material of any kind to the Website.

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Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Blame It On Bacchus, LLC has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, members who are deemed to be repeat infringers. The Company may also, at its sole discretion, limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

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Disclaimer of Warranties

THE WEB SITE AND ALL SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND BLAME IT ON BACCHUS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, PRECISION, TITLE, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE WEBSITE MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE).

WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY US “AS IS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED TERMS; THESE MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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Limitation of Liability

IN NO EVENT, SHALL BLAME IT ON BACCHUS, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “BLAME IT ON BACCHUS ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

IN NO EVENT SHALL THE BLAME IT ON BACCHUS ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE BLAME IT ON BACCHUS ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO BLAME IT ON BACCHUS FOR YOUR USE OF THE WEBSITE OR PURCHASE OF A SERVICE OR PRODUCT THROUGH THE WEBSITE.

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Indemnification

You agree to defend, indemnify and hold Blame It On Bacchus, LLC, and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

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Remember, this is a legal contract between User and Blame It On Bacchus, LLC. ACCESSING, BROWSING, OR OTHERWISE USING THIS WEBSITE OR OUR SERVICES INDICATES YOUR BINDING AGREEMENT TO THESE TERMS AND OUR PRIVACY POLICY.

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