GothamAds Terms of Use

Last reviewed on December 3, 2021

Acceptance of these Terms of Use

These Gotham Terms of Use are made by and between GothamAds LLC (“GOTHAMADS”, “Company”, “we” or “us”) and You or the entity You are authorized to represent (“You”,”Your” or “User”). The following Terms of Use, together with any documents to which these Terms of Use are referred to (“Terms of Use”) govern Your access to and use of https:// gothamads.com (the “Website”) or certain services available or offered thereon (the “Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE (“PRIVACY POLICY”). THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and You must not use this Website if You are a minor. By using this Website, You represent and warrant that You (i) are 18 years of age or older, (ii) are not barred to use the Website under any applicable law, and (iii) are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet these requirements, You must not access or use the Website.

Ability to Accept these Terms of Use

If You are the parent of a child under 18 years of age, please also read this Section. If You are under 18 years of age, You may not use this Website or any services of Gothamads unless Your parents or Your legal guardian have read all that is written here and told You it is OK to do so. If Your parents or legal guardian have not done that, please ask them to do so.

Even if Your parents or legal guardian have read and approved these Terms and Conditions, and Your use of the online services, they must also read and approve the Privacy Policy found at https://www.gothamads.com, and You must not enter any personal information, such as Your name, address, telephone number, hobbies or email until Your parents approve that.

Disclaimer

GOTHAMADS AND ANY THIRD-PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY DATA OR CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. GOTHAMADS AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PROVIDED BY LAW, ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR SAGE OF TRADE.

NEITHER GOTHAMADS NOR ANY THIRD-PARTY PROVIDERS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOU ACKNOWLEDGE THAT THE WEBSITE AND SERVICES MAY BE INACCESSIBLE, UNAVAILABLE OR INOPERABLE FROM TIME TO TIME. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. NOTWITHSTANDING THIS DISCLAIMER OF WARRANTIES, YOU MAY HAVE SPECIFIC WARRANTY RIGHTS, WHICH VARY FROM STATE TO STATE.

Indemnification and Limitation of liability

You agrees to indemnify and hold GOTHAMADS, and any of its parent companies, subsidiaries, affiliates, officers, consultants and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (i) Your use of the Website and/or Services, (ii) Your violation of these Terms of Use, (iii) infringement by You of the service using Yours computer, of any intellectual property or any other right of any person or entity, or (iv) Your use of any information obtained from the Website.

You agrees to indemnify and hold GOTHAMADS, and any of its parent companies, subsidiaries, affiliates, officers, consultants and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (i) Your use of the Website and/or Services, (ii) Your violation of these Terms of Use, (iii) infringement by You of the service using Yours computer, of any intellectual property or any other right of any person or entity, or (iv) Your use of any information obtained from the Website.

Third-party Websites

The information presented on or through the Website is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. The Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to You or any third-party, for the content or accuracy of materials provided by any third parties. If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any third-party websites linked to the Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such third-party websites.

Intellectual Property

We are pleased to grant You a non-exclusive, revocable, limited license to use the Website solely for Your personal and non-commercial use. You may only use the Website in the manner in which Your usage is intended and in compliance with these Terms of Use and with any and all applicable laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with the Website. You may not use the Website to further any commercial purpose, including any advertising or advertising revenue generation active on Your own website or in any other form or medium. All rights not expressly granted to You in these Terms of Use are reserved and retained by Gothamads LLC. The licenses granted by Gothamads LLC terminate if You do not comply with these Terms of Use. You agree that the Website, including but not limited to content, features and functionality, graphics, all information, user interface, software, text, displays, images, video and audio, and the design are owned by Gothamads LLC and/or its licensors or other providers, and is protected by applicable intellectual property and other law. We may update the content on this Website from time to time in our sole discretion. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. No right, title or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by GOTHAMADS. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Your Obligations

You assume all knowledge of applicable law and is responsible for compliance with any such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Additional Prohibitions

You are expressly prohibited from using the Website in any of the following ways and/or for any of the following purposes:

  • You may not use the Website for any illegal or unauthorized purpose, including in any way that violates copyright or other applicable laws;
  • You will not upload or transmit viruses, worms, trojan horses, logic bombs, destructive code or other material which is malicious or technologically harmful, You may not use the Website in a way that is detrimental to its operation or the access/usage of the Website by anyone else;
  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
  • To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • To attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • Otherwise attempt to interfere with the proper working of the Website.

You agree to cooperate with us in causing any prohibited using of the Website immediately to cease.

Disclaimer of Reliability and Information Accuracy

By using the Website, You assume all risks associated with the use of this site, including any risk of Your computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a web page or Your access to it. GOTHAMADS shall not be liable for any special, incidental, or consequential damages, including, without limitation, lost revenues or lost profits, resulting from the use or misuse of the information contained in GOTHAMADS Website. Although every effort has been made to provide complete and accurate information, GOTHAMADS makes no warranties, express or implied, or representations as to the accuracy of content on this website. GOTHAMADS assumes no liability or responsibility for any error or omissions in the information contained in the website or the operation of the website.

Termination

GOTHAMADS may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. Upon termination, Your right to use the Website will cease immediately.

Assignment

GOTHAMADS shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, You shall not be permitted to assign, transfer, or subcontract any of Your rights and/or obligations under these Terms.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between GOTHAMADS and You in relation to Your use of this Website. These Terms shall apply in addition to, and shall not be superseded by any other written agreement between us in relation to Your participation as a User. You agree that by accepting these Terms, You are consenting to the use and disclosure of Your personally identifiable information, and also to the other practices described in our Privacy Policy.

GOTHAMADS is permitted to revise these Terms at any time as it sees fit, and by using this Website You are expected to review such Terms on a regular basis to ensure You understand all terms and conditions governing use of this Website. GOTHAMADS reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the services.

Governing Law and Miscellaneous
  • This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA without giving effect to any principles or conflicts of law. You submit to the exclusive jurisdiction of courts located in the State of New York, USA. Each party waives any objection it may have to such venue.
  • If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
  • Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
  • If You have any questions about these Terms, You can contact us via email: connect@gothamads.com