Terms and Conditions of Use
These Terms and Conditions of Use was last updated on January 14, 2019
Base Creative (“Base Creative”) or its clients, customers and partners hold(s) the proprietary rights to this website. By accessing and using this website, the user agrees to be subject to the following Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, do not access or use this website.
- The use of this website as well as the use of other connected websites, or documents and files accessed through this website by the user is permitted for personal information purposes only.
- This website as well as all content placed on this website, in particular any information, data, text, images, graphics, signs or marks, are protected by copyrights or by other intellectual property rights and are exclusively intended for the information of the user only.
- The user undertakes to refrain from any type of use which is over and above the use specified in point 2 above, and to refrain from any exploitation of legally protected content, in particular with regard to the reproduction, storage, distribution, publication, sale or processing, particularly with regard to information, data, text, images, graphics, signs, marks, unless the user has received express permission to do so from Base Creative or its clients, customers and partners as the owner of such rights.
- The use of any content for the user's own purposes unless express permission has been granted, or may be implied under the circumstances is not permitted.
- Base Creative or its clients, customers and partners are the sole owner(s) of the MAKE IT FEEL RIGHT™ trademark and the other trademarks used on this website, and goodwill associated therewith, and have valuable rights in and to these trademarks. Any information, texts, pictures, drawings, descriptive and visual elements, claims or photographs (including all marketing materials) contained on this website are protected by copyright and are the sole intellectual property of Base Creative or its clients, customers and partners or third parties for the benefit thereof. Nothing herein shall be construed as assigning, transferring or granting any right in or license to use trademarks, brands, branded offer names, technology names, any copyright protected material or any marketing claims contained on this website. Any use of trademarks, brands, branded offer names, technology names, any copyright protected material or of marketing claims contained on this website requires a prior license.
- The liability of Base Creative, its clients, customers and partners is limited to its own content which it has placed on this website. In the event that a third party or user places content on this website, the third party or user shall be solely liable for such content. Base Creative shall exercise reasonable care and attention to ensure that the information contained in this website is accurate and updated. However, Base Creative, its clients, customers and partners assume no liability, either expressed or implied, for the topicality, actuality, accuracy, completeness or quality of the information published on this website. This applies in particular to any claims contained on this website. Liability for damages in connection with any usage of this website shall be limited to acts of intentional and gross negligence, as long as non-personal damage is suffered. The lability of Base Creative, its clients, customers and partners for property damage which is the result of acts of simple negligence is excluded.
- Base Creative expressly reserves the right to modify the contents of this website or parts thereof at any time, to add or delete individual pieces of information and to interrupt or shut down access to this website, for example for maintenance purposes. The user may not infer any legal claims in this connection.
- Links to one or more websites operated by third parties do not constitute a recommendation from Base Creative with regard to any services and information offered by such websites. Base Creative, its clients, customers and partners shall not assume any warranty and/or liability for the content of such websites or for the privacy and state collection practices of such websites. Liability for the content of any linked website(s) shall be assumed by the operator of the website(s) concerned. In the event that infringements of the law are found and communicated to Base Creative, Base Creative shall remove such external links without delay.
- Each user of this website who provides information to Base Creative, hereby agrees to assign the unrestricted usage rights to this information to Base Creative, its clients, customers and partners and grants them permission to use this information as it sees fit. The information provided by the user shall not be bound by any confidentiality obligations, with the exception of personal data, the usage of which is subject to the provisions of the applicable data protection laws. Any and all information provided by the user shall be free of third-party copyright claims, or the user itself shall hold the rights to the information.
- Base Creative is entitled to modify these Terms and Conditions of Use at any time. The latest version of these Terms and Conditions of Use shall be displayed on this website and will apply to any use of this website after posting. The website will provide notification of any material changes on the website homepage.
- Users of the website agree that they shall not collect data for further processing, either manually or by automated means (using "screen scraping"), nor shall they incorporate data from this website into their products. The user is expressly forbidden from creating a simulated version of this website by "framing" or "mirroring". Users of this website agree not to decompile, disassemble or reverse engineer this website or any portion thereof; or attempt, by hacking, password "mining" or any other means, to gain unauthorized access to this website, any portion or features of this website. User may not use this website in any manner that could damage, disable, overburden, or impair this website.
- These Terms and Conditions of Use shall be governed exclusively by the substantive law of New York, USA.
- IN NO EVENT SHALL BASE CREATIVE ITS CLIENTS, CUSTOMERS AND PARTNERS OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (COLLECTIVELY, THE "PROTECTED ENTITIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED 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 WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THIS WEBSITE, EXCEED, IN THE AGGREGATE, $10. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS ON DAMAGES, LOSSES, AND CAUSES OF ACTION AND THE TOTAL AGGREGATE LIABILITY ASSOCIATED THEREWITH SHALL NOT APPLY TO PERSONS WHO RESIDE IN THE EUROPEAN ECONOMIC AREA ("EEA") AND BRING CLAIMS UNDER THE EUROPEAN UNION'S GENERAL DATA PROTECTION REGULATION ("GDPR").