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Any use by you of the website operated by Liquor Group.
doing business as The Liquor Group at
www.LiquorGroup.com, or any of it’s other
owned or licensed domains (the "Site") is conditional
upon your acceptance of these Terms & Conditions, including
our Privacy Statement. We reserve the right to amend these Terms
& Conditions from time to time without notice and at our discretion.
It is your responsibility periodically to review this page for
updates to these Terms & Conditions, which shall come into
effect once posted. Your continued use of the Site will be deemed
acceptance of these Terms & Conditions, including our Privacy
Statement.
This Site is intended for your use only if you are of legal age to
purchase alcohol in your country of residence and in the country
from which you are accessing the site. If you do not fall within
this category, you may be in breach of laws or regulations applicable
in your country of residence or in your country of access and
you should leave the Site immediately.
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS PLEASE LEAVE THE
SITE NOW.
The Happy Vodka Co makes this Site available. The Liquor Group and
its subsidiaries, affiliates, parent companies and any of their
related businesses are referred to in these Terms & Conditions
as "we", "us" or "our".
1. Rights - All rights in all material and content (including,
but not limited to, text, images, web pages, sound, software (including,
code, interface and website structure) and video, and the look
and feel, design and compilation thereof) at this Site are owned
by us or by our licensors. You agree that you are permitted to
use this material and/or content only as set out in these Terms
& Conditions or as otherwise expressly authorized in writing
by us or our licensors, and that you may not otherwise copy, reproduce,
transmit, publicly perform, distribute, commercially exploit,
adapt, translate, modify, bundle, merge, share or make available
to any person, or create derivative works of such material or
content.
2. Intellectual Property - We are the owner and/or authorized user
of all trademarks, service marks, design marks, patents, copyrights,
database rights and all other intellectual property appearing
on or contained within the Site, unless otherwise indicated. Except
as provided in these Terms & Conditions, use of the Site does
not grant you any right, title, interest or license to any such
intellectual property you may access on the Site. Except as provided
in these Terms & Conditions, any use or reproduction of the
intellectual property is prohibited.
3. Copying - You may view this Site and you are welcome
to print hard copies of material on it solely for your lawful,
personal, non-commercial use. All other copying, whether in electronic,
hard copy or other format, is prohibited and may breach intellectual
property laws and other laws worldwide. Furthermore, you are not
entitled to reproduce, transmit, publicly perform, distribute,
adapt, translate, modify, bundle, merge, share or make available
to any person, or create derivative works of such material, or
use it for commercial purposes, without our prior written consent.
All other rights are reserved.
4. Acceptable Usage Policy - This Site may contain
discussion groups, bulletin boards, chat rooms and other interactive
services. We do not actively monitor use of our discussion groups,
bulletin boards or chat rooms. Similarly, we do not exercise editorial
control over the content of any third party sites, electronic
mail transmission, text message, news group, bulletin board, chat
room or other material created or accessible over or through the
Site. As a result, you may be exposed to content on the Site or
on sites accessible over or through the Site that you find offensive
or objectionable. However, we do reserve the right to monitor
our discussion groups, bulletin boards, chat rooms and other interactive
portions of the Site and to remove any content which, in our sole
discretion, constitutes a misuse of these interactive services
and may restrict, suspend or terminate your use of these services
or the Site where we believe that there has been such a misuse.
The following examples constitute a misuse of the interactive services:
a.
using the services for any improper, unlawful or immoral purpose,
causing any nuisance by your use of the services or causing the
operation of the services to be jeopardized or impaired;
b.
using the services to create, host or transmit (whether in a live
chat room, on a bulletin board or otherwise) any defamatory, offensive,
or obscene material or engaging in activities which would cause
offence to others on grounds of race, religion, creed or sex;
c.
using the services to harm, or attempt to harm, minors in any way;
d.
using the services to create, host or transmit any material that
threatens or encourages bodily harm or the destruction of property
or would constitute a criminal offence or give rise to civil liability;
e.
using the services to create, host or transmit material which infringes
the copyright, trademark, patent, trade secret or other intellectual
property or proprietary rights of any other party;
f.
using the services to create, host or transmit unsolicited advertising
material to other users;
g.
using the services to create, host or transmit any material that
harasses another;
using the services to make fraudulent offers to sell or buy products,
items or services;
h.
adding, removing or modifying identifying network header information
in an effort to deceive or mislead;
i.
using the services to access, or to attempt to access, the accounts
of others or to penetrate, or attempt to penetrate, our or a third
party's security measures, computer software, hardware, electronic
communication system, or telecommunications systems;
j.
using the services to collect, or attempt to collect, personal information
about third parties without their knowledge or consent or to engage
in screen scraping, database scraping or any other activity with
the purpose of obtaining lists of users or other data;
k.
using the services for any activity which adversely affects the ability
of other people or systems to use the services or the internet
generally;
l.
reselling, repurposing or redistributing any services
provided by us our contractors or our licensees without our prior
written consent; or impersonating any person or entity or using
a false name that you are not authorized to use.
This list only serves
to provide examples and is not meant to be an exclusive list of
the type of misuses of the interactive services that may result
in the restriction, suspension or termination of your access to
the Site. Due to the global nature of the internet, users hereby
agree to comply with all local rules regarding on-line conduct
and acceptable content. Users also agree to comply with any applicable
rules regarding the export of any data from any country.
The opinions expressed
in live chat rooms and/or posted on bulletin boards or on other
interactive services are not necessarily ours. Any statements,
advice and opinions made by such participants are those of such
participants only. We neither endorse nor shall be held responsible
for any such statements, advice or opinions.
5. NO WARRANTIES - THIS SITE IS PROVIDED
"AS IS," AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE,
OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM,
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE
FREE FROM VIRUSES. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE
THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY
SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT
ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE
SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE
DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE
USING THE SITE.
6.THIRD PARTY GOODS AND SERVICES
- WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES AND OTHER ORGANISATIONS
WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR
ON THE SITE.
7. Your responsibility - You should always verify
the information set out in this Site with independent authorities
before acting or relying on it. It is your responsibility to use
virus checking software on any material downloaded from this Site
and to ensure the compatibility of such software with your equipment.
In circumstances where
you provide us with information relating to any third parties,
you warrant that you have received that third party's consent
in relation to such disclosure and that the third party has been
informed of, and agrees to, our Privacy
Statement and the uses which we may make of such information.
8. NO LIABILITY - TO THE FULLEST EXTENT
PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS
AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST
OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED
BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER
VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM
THIS SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE
OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN
THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED
TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS,
INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN
THE AGGREGATE, $100.00 (US).
9. Materials submitted
by you
- Unless specifically requested, we do not solicit nor do we wish
to receive any confidential, secret or proprietary information
or other material from you through the Site, any of its services,
by email, or in any other way. Any information or material submitted
by you, and which has not been specifically requested by us, will
be deemed not to be confidential, secret or proprietary. You agree
that any information or materials submitted by you to this Site,
whether ideas, creative concepts or other materials, may be used,
reproduced and disclosed by us without restriction for whatever
purpose we deem fit and without payment of any sum or acknowledgement
of you as their source. You also warrant that any "moral
rights" in posted materials have been irrevocably waived
by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY
LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE
OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph
does not affect any rights you may have under data privacy laws
that protect your personal information or similar privacy laws,
to the extent that such rights cannot be excluded.
10. User Information - In the course of your
use of the Site, you may be asked to provide personal information
to us (such information referred to hereinafter as "User
Information"). Our information collection and use policies
with respect to such User Information are set forth in the Site
Privacy Statement, which Privacy Statement is incorporated into
these Terms & Conditions by reference. You acknowledge and
agree that you are solely responsible for the accuracy and content
of the User Information.
11. Links from and to
the Site
- You acknowledge and agree that we have no responsibility for
the information provided by Web sites to which you may link from
this Site ("Linked Sites"). Links to Linked Sites do
not constitute an endorsement by or association with us of such
sites or the content, products, advertising or other materials
presented on such sites. We have no control over these Linked
Sites and do not edit or monitor them. You acknowledge and agree
that we are not responsible or liable, directly or indirectly,
for any damage, loss or cost caused or alleged to be caused by
or in connection with use of or reliance on any such content,
goods or services available on such Linked Sites.
12. Indemnity - You will indemnify
us against any loss, damage or cost incurred by us arising out
of your use of the Site, any of its services or any information
accessible over or through the Site, including information obtained
from linked sites, your submission or transmission of information
or material on or through the Site or your violation of these
Terms & Conditions or any other laws, regulations and rules.
You will also indemnify against any claims that information or
material, which you have submitted to us, is in violation of any
law or in breach of any third party rights (including, but not
limited to, claims in respect of defamation, invasion of privacy,
breach of confidence, infringement of copyright or infringement
of any other intellectual property right). We reserve the right
to exclusively defend and control any claims arising from the
above and any such indemnification matters and that you will fully
cooperate with us in any such defenses.
13. Restriction, Suspension
and Termination - We may restrict, suspend or terminate your access to the
Site and/or your ability to avail of any of the services on the
Site, including interactive services, if we believe that you have
breached these Terms & Conditions at any time. Any such restriction,
suspension or termination will be without prejudice to any rights,
which we may have against you in respect of your breach of these
Terms & Conditions. We may also remove the Site as a whole
or any sections or features of the Site at any time. Please note
that we have the ability to trace your IP address and if necessary
contact your ISP in the event of a suspected breach of these Terms
& Conditions.
14. Entire Agreement - These Terms & Conditions,
including our Privacy Statement, constitutes the entire agreement
between you and us in relation to its subject matter and supersedes
any and all prior promises, representations, agreements, statements
and understandings whatsoever between us. To the extent that software
is available through the Site, such software may be subject to
a license agreement that is distributed or included with such
software and you agree to abide by the terms and conditions of
any such license agreements. The failure by us to exercise or
enforce any right or provision of the Terms & Conditions shall
not constitute a waiver of such right or provision. If any provision
of the Terms & Conditions is found by a court of competent
jurisdiction to be unenforceable or invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of the Terms & Conditions shall remain in full force and effect.
15. Copyright And IP Agent
for the United States We respect the intellectual
property rights of others, and require that the people who use
the Site do the same. If you believe that your work has been copied
in a way that constitutes copyright infringement, please forward
the following information to the Copyright Agent named below:
Your address, telephone
number, and email address;
A description of the copyrighted
work that you claim has been infringed;
A description of the alleged
infringing activity and where the alleged infringing material
is located;
A statement by you that
you have a good faith belief that the disputed use is not authorized
by you, the copyright owner, its agent, or the law;
An electronic or physical
signature of the person authorized to act on behalf of the owner
of the copyright interest; and
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.
Copyright Agent:
Liquor Group 830-13 A1A
North, #155, Ponte Vedra Beach, FL 32082. Attn: Raynarldo Whittey,
Esq. Telephone No: 904-285-5885 Facsimile No: 904-680-3030.
16. Law and Jurisdiction - These Terms & Conditions, including the Privacy Statement
and any matter relating to this Site, shall be governed by laws
of the State of Florida. To the extent that software is accessible
through this site, such software may be subject to export, re-export
and/or import controls imposed by the United States or any other
jurisdiction and may not be downloaded or otherwise exported or
re-exported: (a) into (or to a national or resident of) any country
to which the U.S. has placed an embargo, including without limitation,
Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b)
to anyone on the U.S. Treasury Department's Specially Designated
Nationals list, or (c) in violation of the U.S. Commerce Department's
Table of Denial Orders. If you download or use the software, you
represent and warrant that you are not located in, or under the
control of, or a national or one any such country or on any such
list.
© THE
LIQUOR GROUP, 830-13 A1A North, #155, Ponte
Vedra Beach, FL 32082. 2003. All rights reserved.
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