Last updated: January 26, 2024
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Website.
To access and use the Website, you must be at least 13 years old. If you are under 13 years old, you must have the consent of a parent or legal guardian to use the Website.
All content, including but not limited to text, images, graphics, audio, video, and other materials, provided on the Website (“Content”) is the property of Gentle Hush or its content suppliers and protected by copyright, trademark, and other intellectual property laws.
You may access and use the Content for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content without our prior written consent.
5. User Conduct
You agree not to use the Website in any way that:
a. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or impersonates any person or entity;
b. Violates any law, regulation, or these Terms;
c. Infringes upon or violates any intellectual property rights or other rights of any third party;
d. Interferes with or disrupts the operation of the Website or servers or networks connected to it;
e. Collects or harvests any information about other users of the Website without their express consent; or
f. Transmits any viruses, worms, or other harmful software or code.
6. Limitation of Liability
In no event shall Gentle Hush, its owners, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(a) your access to or use of or inability to access or use the Website;
(b) any conduct or content of any third party on the Website;
(c) any content obtained from the Website; and
(d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
The Content on the Website is provided on an “as is” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Gentle Hush does not warrant that the Website will be available at any particular time or location, that any defects or errors will be corrected, or that the Content is free of viruses or other harmful components. Your use of the Website is at your sole risk.
You agree to defend, indemnify, and hold harmless Gentle Hush, its owners, employees, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses, including but not limited to attorney’s fees, arising from or related to your use of the Website, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
9. Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by Gentle Hush. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that Gentle Hush shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
10. No Waiver
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Gentle Hush to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Gentle Hush operates, without regard to its conflict of law provisions.
12. Changes to Terms
We reserve the right, in our sole discretion, to modify or replace these Terms at any time. We will provide reasonable notice of any changes on the Website. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms.
13. Copyright Infringement
If you believe that any Content on the Website infringes upon your copyright, please submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing:
a. A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Website;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Any DMCA notices should be sent to our contact email.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements we might have had between us regarding the Website.
We may terminate or suspend your access to the Website without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms.
All provisions of these Terms, which by their nature should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16. Contact Us
If you have any questions or concerns about these Terms, please contact us.