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Terms of Use

Last Updated: July 15, 2013

Welcome to the Official bottledBrooklyn™ Web Site. The policies below are applicable to the  bottledBrooklyn™ Web Site (however accessed and/or used), whether via personal computers, mobile devices or otherwise, and other interactive features, applications or downloads that are operated by us that are available through this Web Site (http://www.bottledBrooklyn.com). This Web Site is owned and operated by The Ramification Project LLC. BY USING OUR WEB SITE AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using this Site, you agree to such terms and conditions.

PRODUCT CAUTION: BOTTLED, THE DO-IT-YOURSELF SOUVENIR KIT IS NOT EDIBLE, CONTAINS SMALL PARTS AND IS NOT SUITABLE FOR CHILDREN UNDER 3 YEARS OF AGE. BOTTLEDBROOKLYN--WHILE NOT CURRENTLY FOR SALE--IS NOT EDIBLE, IS NOT MEANT TO BE UNSEALED AND IS NOT SUITABLE FOR CHILDREN. HANDLE GLASS WITH CARE. 

1. Copyright and Ownership. All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations, is owned by bottledBrooklyn™ and its parent company, The Ramification Project LLC, its licensors, vendors, agents and/or its Content providers. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, common law rights, trademark and other laws relating to intellectual property rights. The Services and the Web Site may only be used for the intended purpose for which such Web Site and Services are being made available. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print and download documents, audio and video found on our Web Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms of Use, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Services. The Web Site, its Content and all related rights shall remain the exclusive property of bottledBrooklyn™ and its parent company, The Ramification Project LLC, or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Web Site.

2. Trademarks. All trademarks, service marks and trade names of bottledBrooklyn™ and its parent company, The Ramification Project LLC, used herein (including but not limited to: the Company name, the Company corporate logo, the Web Site name, the Web Site design and any logos) are trademarks or registered trademarks of bottledBrooklyn™ and its parent company, The Ramification Project LLC, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify bottledBrooklyn™ and its parent company, The Ramification Project LLC, trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Web Site, without bottledBrooklyn™ and The Ramification Project LLC's prior written consent. The use of bottledBrooklyn™ and The Ramification Project LLC's trademarks on any other web site or network computer environment is not allowed. bottledBrooklyn™ and its parent company, The Ramification Project LLC, prohibit the use of its trademarks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance.

3. Advertising Rights. bottledBrooklyn™ and its parent company, The Ramification Project LLC, do not intend to sell advertising on the Web Site. bottledBrooklyn™ and its parent company, The Ramification Project LLC, reserves the right, however, to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and bottledBrooklyn™ and its parent company, The Ramification Project LLC, and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate bottledBrooklyn™ and its parent company, The Ramification Project LLC, to sell, license or offer to sell or license any advertising, promotion or distribution rights.

4. Order Eligibility. You may only purchase products for personal use by either yourself or your intended recipient of the products. bottledBrooklyn™ and its parent company, The Ramification Project LLC, may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by bottledBrooklyn™ and its parent company, The Ramification Project LLC. bottledBrooklyn™ and its parent company, The Ramification Project LLC, make no promise that products and services available on the Web Site are appropriate or available for use in locations outside the United States (“Territory”), and accessing the Web Site from territories where its contents are illegal or unlawful is prohibited. If You choose to access this Web Site from locations outside the Territory, You do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site.

5. Products, Content and Specifications. Details of the products and services available for purchase are set out on the Web Site. All prices shown are in US Dollars (USD) and do not include value added taxes (VAT). VAT will automatically be added at check-out before you confirm and pay your order. Our price quotes do not include any customs or duty charges. Please note that bottledBrooklyn™ and its parent company, The Ramification Project LLC, are not responsible/nor subject to additional tariffs, taxes, customs or duty fees assessed by countries outside of the contiguous continental United States. Any VAT, taxes or fee assessments by the destination country are the purchaser's responsibility. 

Import duties, taxes, and charges are not included in item price or shipping cost. These charges are the buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to buying. We are not responsible for customs delays. Customs fees are normally charged by the shipping company or collected when you pick the item up. You may be required to hire a customs broker to clear packages. These fees are not additional shipping charges. You are required to pay these fees. If you abandon a package and we are not able to retrieve the package you will be responsible for the full cost of the item. We do not under-value merchandise or mark the item as a gift on customs forms.

6. All features, content, specifications, products and prices of products described or depicted on this Web site are subject to change at any time without notice. Certain weights, measures and/or similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

7. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

8. Items purchased through our online store may be returned or exchanged within 7 days of delivery. If you've received a product that is defective or incorrect, or you're not satisfied with the fit/size, please write us at team@bottledBrooklyn.com with an attached photo explaining the issue. Return item(s) may not be worn or washed, of course. We do not refund shipping costs and the product must be returned in the same condition as received with the original packing materials. Returns are for store credit only. No cash/credit refunds. bottledBrooklyn® will only accept exchanged products that comply with this Exchange Policy. Since we're a super small company, we have to be pretty strict about this.

9. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

10. Third Party Links. From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.

11. Fees. For all charges for any products and services sold on the Web Site, bottledBrooklyn™ and its parent company, The Ramification Project LLC, will bill your credit card or alternative payment method offered. In the event legal action is necessary to collect on balances due, you agree to reimburse bottledBrooklyn™ and its parent company, The Ramification Project LLC, for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for your use of this Web Site.

12. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.

13. Events Without Notice. Neither bottledBrooklyn™ and its parent company, The Ramification Project LLC, nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, natural disasters, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

14. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER BOTTLEDBROOKLYN™ AND ITS PARENT COMPANY, THE RAMIFICATION PROJECT LLC, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER BOTTLEDBROOKLYN™ AND ITS PARENT COMPANY, THE RAMIFICATION PROJECT LLC, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. PRODUCT CAUTION: BOTTLED, THE DO-IT-YOURSELF SOUVENIR KIT IS NOT EDIBLE, CONTAINS SMALL PARTS AND IS NOT SUITABLE FOR CHILDREN UNDER 3 YEARS OF AGE. BOTTLEDBROOKLYN--WHILE NOT CURRENTLY FOR SALE--IS NOT EDIBLE, IS NOT MEANT TO BE UNSEALED AND IS NOT SUITABLE FOR CHILDREN. HANDLE GLASS WITH CARE. 

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BOTTLEDBROOKLYN™ AND ITS PARENT COMPANY, THE RAMIFICATION PROJECT LLC, OR THROUGH BOTTLEDBROOKLYN™ AND THE RAMIFICATION PROJECT LLC WEB SITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

15. LIMITATIONS OF LIABILITY. bottledBrooklyn™ and its parent company, The Ramification Project LLC, does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL BOTTLEDBROOKLYN™ AND ITS PARENT COMPANY, THE RAMIFICATION PROJECT LLC, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT BOTTLEDBROOKLYN™ AND ITS PARENT COMPANY, THE RAMIFICATION PROJECT LLC, SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE. IN NO EVENT SHALL BOTTLEDBROOKLYN™ AND THE RAMIFICATION PROJECT LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE).

16. Indemnity. You agree to defend, indemnify and hold bottledBrooklyn™ and its parent company, The Ramification Project LLC, and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Web Site or the Internet or your placement or transmission of any message or information on this Web Site by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country.

17. General. Any claim relating to, and the use of, this Web Site and the materials contained herein is governed by the laws of the state of New York. You consent to the exclusive jurisdiction of the state and federal courts. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by bottledBrooklyn™ and its parent company, The Ramification Project LLC, in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. Each clause shall survive any termination or expiration of this Agreement.