1. RESTRICTED USES.
2. DESCRIPTION OF THE SERVICES.
The Company provides users of the Website with access to content and services related to the Company’s products and concerning alcoholic beverages generally, which may include without limitation:(a) content such as information, drink recipes, audio and video clips, photographs, graphics, images, text, data, event information, links to third party websites, user comments, commentary, articles, opinions, postings and messages and (b) services such as “Profiles” (as defined in Section 8), “Forums” (as defined in Section 8), registration functionality, promotions (as described in Section 10) and interactive features (such content and services, collectively, the “Services”).
3. USE OF INFORMATION/MATERIALS.
You may print or have printed by a third party any downloadable information or materials offered on this Website provided that all of the following seven conditions are met:
You require the materials or information solely for, private and not for direct or indirect commercial purposes;
Your use of the materials is for lawful purposes;
No copyright or other notice regarding the rights or property of third parties is removed from the materials or information;
You do not assert any copyright or other intellectual property, ownership or other interest or right in respect of the materials or information;
You do not use the materials or information to encourage or condone under-age drinking, drunk driving or excessive consumption of alcoholic beverages;
You reside in a country or territory where the consumption of alcoholic beverages is permitted; and
You are of a legal age to consume alcoholic beverages pursuant to the laws of the country or territory in which you reside or of the age at which you have legal capacity to contract in the country in which you are resident, whichever is the greater.
4. LIMITED LICENSE.
Except for the limited license to download and print certain material / information from this Website for non-commercial and private purposes only, you have no right to use Company’s Proprietary Material. All rights with respect to Company’s Proprietary Material remain the exclusive property of Company or its affiliates.
5. INFORMATION SUBMITTED THROUGH THE WEBSITE.
6. REGISTRATION; USER NAMES AND PASSWORDS.
From time to time, certain sections of this Website may be restricted to registered users. Where a registration procedure applies, you may be required to register with Company in order to access certain areas of the Website. You may not register or make any “Submissions” (as defined in Section 8 (Profiles, Forums and Submissions)) unless you are of legal age to purchase alcohol in your country or territory of residence and in the country or territory from which you are accessing the Website. With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website, to any third party. You are fully responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with the Website that occur in connection with your user name. You agree to immediately notify Company of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Website, and to ensure that you “log off” and exit from your account with the Website (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
7. RULES OF CONDUCT.
We expect users of the Website to respect the law as well as the rights and dignity of others. While using the Website and the Services, you agree to comply with all applicable laws, rules and regulations. In addition, your use of the Website and any Service is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the Website pursuant to Section 18 (Miscellaneous) below.
You agree not to:
Post, transmit, or otherwise make available through or in connection with the Website:
any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right; (f) depicting or endorsing irresponsible drinking; or (g) depicting or endorsing activities that are inappropriate when consuming or after consuming alcoholic beverages such as operating a motor vehicle;
any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”;
any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment;
any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by Company in advance;
any personally identifiable information of another individual, without the prior consent of such individual;
any material, non-public information about a company, without the proper authorization to do so.
Use the Website for any fraudulent or unlawful purpose.
Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about users of the Website.
Impersonate any person or entity, including without limitation any representative of Company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
Use the Website to advertise or offer to sell or buy any goods or services for any business purpose without Company’s express prior written consent.
Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Website.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
Frame or mirror any part of the Website.
Create a database by downloading and storing Website content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without Company’s express prior written consent.
Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website and for paying all charges related thereto.
8. PROFILES, FORUMS AND SUBMISSIONS.
If available, you may post certain information and materials on your “profile page” in connection with the Website (your “Profile”). Further, Company and/or its service providers may offer features through the Website that enable you to post information, photographs and other materials and images publicly (collectively referred to herein as “Forums”). All of the rules of conduct described in Section 7 above apply to Profiles and Forums. Additionally, without Company’s express prior written consent, you may not use Profiles or Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use Profiles or Forums to solicit other Website visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
Information contained in the Profiles and Forums may be provided by third party visitors to the Website. Please note that Website visitors may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive. Company and its group companies and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible for any opinion, advice, information or statements made in the Profiles and Forums by third parties. Without limitation, Company and its group companies and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers are not responsible for any information or materials made available through the Profiles and Forums (including without limitation errors or omissions in Profiles and Forum postings or links or images embedded in a Profile or in Forum messages) or results obtained by using any such information or materials. Under no circumstances will Company or its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers or service providers be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of the Company.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in a Profile, the Forums or otherwise in the Website. The Profiles and Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Profiles and Forums or otherwise through the Website are those of such third parties and not of Company, and Company does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Website at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that Company has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A PROFILE OR A FORUM OR OTHERWISE ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
Company may (but has no obligation to) monitor, evaluate, alter, refuse to post or remove Submissions before or after they appear on the Website. Company may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose. If you become aware of any unlawful, offensive or objectionable materials(s) on the Website (except for material that infringes copyright, which is discussed in Section 17 (Claims of Copyright Infringement) below), please contact [email protected] with your name and address, a description of the material(s) at issue and the URL or location of such materials.
11. LINKS TO OR FROM OTHER WEBSITES.
Except as otherwise expressly stated by Company on the Website, Company is not affiliated or associated with operators of any third party websites that link to or are linked from the Website. Company expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Website. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the Website because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card or other payment card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Company shall have the right, at any time and at its sole discretion, to block links to the Website through technological or other means without prior notice.
12. LIMITATION OF LIABILITY AND DISCLAIMERS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND COMPANY, ITS GROUP COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE WEBSITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY SOFTWARE OR HARDWARE YOU USE WILL FUNCTION CORRECTLY WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ITS GROUP COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE WEBSITE OR SERVICES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES AND (B) DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, SERVICES OR FROM ANY INFORMATION OR MATERIALS ON THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE SERVICES IS TO STOP USING THE WEBSITE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM LIABILITY FOR COMPANY, ITS GROUP COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE WEBSITE OR SERVICES.
14. TERMINATION AND ENFORCEMENT.
15. GOVERNING LAW.
16. CONTACTING US.
17. CLAIMS OF COPYRIGHT INFRINGEMENT.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send the Company a notice requesting that it remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Distillery 291, 1647 S Tejon St, Colorado Springs, CO 80905 USA, Telephone 719-323-8010, email: [email protected].
We suggest that you consult your legal advisor before filing a notice or counter-notice.
18. IMPORTANT NOTE TO NEW JERSEY CONSUMERS.
© 2018 Distillery 291, LLC. All rights reserved.