Terms and Conditions
LIMITED SPIRITS LLC User Terms & Conditions
By browsing and using this Internet web site at www.dashvodka.com (the
"Site"), provided by LIMITED SPIRITS, you agree to be bound by the
User Terms and Conditions of Use set forth below (the "Terms and
Conditions"). You must exit this Site immediately if you do not agree to
the Terms and Conditions or are not of a legal age for consuming and/or
purchasing alcoholic beverages.
Changes to the Terms and Conditions. LIMITED SPIRITS may,
in its sole discretion, revise the Terms and Conditions from time to time and
it is your responsibility to review the Terms and Conditions each time you
access this Site. Your continued use of the Site after such revisions are
posted will constitute your agreement to such changes.
Modifications to the Site. LIMITED SPIRITS reserves the right,
for any reason, in its sole discretion, to terminate, change or suspend any
aspect of the Site, including, but not limited to, content, features or hours
of availability. LIMITED SPIRITS may impose limits on certain features of the
Site or restrict your access to part or all of the Site without notice or
penalty.
Site Age Limitation. LIMITED SPIRITS and its delegated
agent maintain this Site for the personal use of web visitors who are lawfully
permitted to consume and/or purchase alcoholic beverages.
Use of Materials. You may print or have printed by a
third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal
use; (ii) no copyright or other proprietary notice is removed from the
material; and (iii) the material is not altered in any manner.
Copyrights, Trademarks and Other Proprietary Rights. You acknowledge and
agree that all content and materials available on this Site, including but not
limited to trademarks, designs, logos, names, text, images, audio and video
materials are the property of LIMITED SPIRITS ("LIMITED’s Proprietary
Material") unless otherwise noted. LIMITED's Proprietary Material is
protected under the intellectual property laws throughout the world and under
international treaties. You may not remove any copyright or other proprietary
notices from LIMITED's Proprietary Material. You may not display, reproduce,
distribute, modify, transmit, or otherwise use LIMITED’s Proprietary Material
in any way for any public or commercial purpose, without the prior and express
written consent of LIMITED SPIRITS.
No License. Except with respect to the limited
license to download and print certain material from this Site for
non-commercial and personal use only, as set forth above in the section
entitled "Use of Materials," nothing contained on this Site shall
grant, whether by implication, estoppel, or
otherwise, any license or right to use any of LIMITED s Proprietary Material.
All rights, title and interest in and to all aspects of LIMITED's Proprietary
Material remain the exclusive property of LIMITED SPIRITS.
User Conduct. You are solely responsible for the
content and context of any materials or information you post or submit through
the Site. You warrant and agree that, while using the Site, you shall not
upload, post or transmit to or distribute or otherwise publish through the Site
any materials which: (i) are unlawful, threatening,
harassing or profane; (ii) restrict or inhibit any other user from using and
enjoying the Site; (iii) constitute or encourage conduct that would constitute
a criminal offense or give rise to civil liability; (iv) contain a virus or
other harmful component; (v) contain advertising of any kind; or (vi) contain
false or misleading indications of origin or statements of fact. You also
warrant and agree that you shall not send, forward, transmit or
distribute by e-mail or by any other mean any material or content of the Site
to persons under the legal alcohol drinking and/or purchasing age in their
country of residence
LIMITED SPIRITS will fully cooperate with any law enforcement authorities or court
order requesting or directing LIMITED SPIRITS to disclose the identity of, help
identify, or locate anyone transmitting any such content.
Communication to Site. All communications, including but not
limited to all remarks, submissions, ideas, concepts, pictures or other
information that you transmit to this Site, whether by e-mail, posting,
uploading, or otherwise, will become the exclusive property of LIMITED SPIRITS.
LIMITED SPIRITS will not be required to treat any submission as confidential.
By transmitting content to this Site, you automatically grant to LIMITED
SPIRITS a royalty-free, perpetual, irrevocable and non-exclusive license to
use, reproduce, modify, publish, edit, translate, distribute, perform and
display that content alone and as part of other works in any form, media, or
technology whether now known or hereafter developed, and to sublicense such
rights. You agree that LIMITED SPIRITS is free to use any ideas, concepts,
know-how, or techniques contained in any content that you transmit to this Site
for any purpose whatsoever, including but not limited to developing,
manufacturing and marketing products, and that LIMITED SPIRITS need not provide
any compensation or acknowledgment to you in exchange for any such use.
Monitoring. You agree that LIMITED SPIRITS has the
right, but not the obligation, to monitor, edit, disclose, refuse to post, or
remove at any time, for any reason in its sole discretion, any material and
content anywhere on the Site, including but not limited to bulletin boards,
e-mail and other forums. Notwithstanding this right, LIMITED SPIRITS does not
and cannot review all materials posted to the Site by users and LIMITED SPIRITS
assumes no responsibility or liability for any actions or content transmitted
by or between you or any third party within or outside of this Site. If
notified, LIMITED SPIRITS may investigate an allegation that content
transmitted to this Site is in violation of the Terms and Conditions and
determine whether to have the communication removed from this Site. However, LIMITED
SPIRITS is under no obligation to remove content transmitted by third parties
from this Site and assume no responsibility or liability arising from or
relating to any such content, including but not limited to any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography, profanity, danger,
or inaccuracy contained therein.
Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR SOLE
RISK. THIS SITE INCLUDING ALL ITS CONTENT, FUNCTIONS AND INFORMATION MADE
AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS"
"AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LIMITED
SPIRITS DOES NOT WARRANT THAT THE SITE OR ITS FUNCTIONS, FEATURES OR CONTENT
CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR
OTHER HARMFUL MATERIAL, COMPLETE, ACCURATE, TIMELY, OR THAT DEFECTS WILL BE
CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
Limitation of Liability. IN NO EVENT SHALL LIMITED SPIRITS OR
ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS, BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST
PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) THAT
ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR INABILITY TO USE THIS SITE
AND ITS CONTENT, MATERIALS AND FUNCTIONS THEREOF WHETHER BASED ON WARRANTY,
CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE, OR ANY
OTHER LEGAL THEORY, EVEN IF LIMITED SPIRITS HAS BEEN NEGLIGENT OR HAS BEEN
ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT
SHALL THE TOTAL LIABILITY OF LIMITED SPIRITS TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER BASED IN WARRANTY, CONTRACT OR TORT, INCLUDING
BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR
YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
Indemnification. You shall indemnify, defend and hold
harmless LIMITED SPIRITS, its officers, directors, employees and agents
(collectively, the "Indemnified Parties"), from and against any and
all claims or demands made by any third party, and all associated liabilities,
damages, costs and expenses (including but not limited to reasonable attorneys'
fees) arising out of or relating to your browsing or use of this Site, content
you transmit to this Site, your violation of any rights of another, or your
breach of the Terms and Conditions. LIMITED SPIRITS reserves the right, at its
own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and you shall not in any event
settle or otherwise dispose of any matter without the prior written consent of LIMITED
SPIRITS.
Termination. This Agreement constitutes a binding
agreement between you and LIMITED SPIRITS until terminated by you or LIMITED
SPIRITS, which LIMITED SPIRITS may do at any time, without notice, in LIMITED
SPIRITS's sole discretion. If you become dissatisfied with the Site, in any
way, your only recourse is to immediately discontinue use of the Site.
Jurisdiction. The Terms and Conditions shall be
governed by and construed in accordance with the laws of Minnesota, without
regard to conflicts of laws provisions. You
irrevocably consent to the jurisdiction of the appropriate courts located in
the state of Minnesota for any action arising from or relating to the Terms and
Conditions or your browsing or use of this Site.
Notices and Disclosures. Except if explicitly stated otherwise,
any notices shall be given by e-mail to, in the case of LIMITED SPIRITS, info@dashvodka.com, or, in the case of
a user to the e-mail address you provide to LIMITED SPIRITS. Notice shall be
deemed given 24 hours after e-mail is sent, unless the sending party is
notified that the e-mail address is invalid.
Outside United States. This Site is intended for use mainly
of U.S. residents of the legal drinking and purchasing age. LIMITED SPIRITS
makes no claims that the content of this Site is appropriate or may be
downloaded outside of the U.S. If you access this Site from outside of the
U.S., you do so at your own risk and are responsible for compliance with the
laws of the country or other territory in which you are located. A reference to
a particular product or service does not imply that LIMITED SPIRITS intends to
make such products or services available in all countries.
General Provisions. If any provision of the Terms and
Conditions is held by a court of competent jurisdiction to be invalid or
unenforceable, then such provision shall be enforced to the maximum extent
permissible so as to effect the intent of the Terms and Conditions, and the
remainder of the Terms and Conditions shall continue in full force and effect.
The failure by either you or LIMITED SPIRITS to exercise or enforce any rights
or provisions of the Terms and Conditions shall not constitute a waiver of such
right or provision. You agree that any cause of action arising out of or
related to the Site or the Terms and Conditions must commence within one (1)
year after the cause of action arose; otherwise, such cause of action is
permanently barred. The Terms and Conditions comprise the entire agreement
between you and LIMITED SPIRITS and supersede all prior agreements between the
parties, regarding the subject matter contained herein. All provisions in the
Terms and Conditions regarding representations and warranties, indemnification,
disclaimers and limitations on liability shall survive any termination of the
Terms and Conditions.
Contact Us. If you have any questions about the
Terms and Conditions, the practices of or your experience on any of the Site,
please contact us at by e-mail at info@dashvodka.com.
© 2014 LIMITED SPIRITS. All rights reserved.
INFORMATION ABOUT US
LIMITED SPIRITS, a US limited liability company with
its registered office located in Brookshire, TX.
MALICIOUS CODE, HACKING AND OTHER OFFENCES
You must not misuse the Site by knowingly introducing any Malicious Code. You
must not attempt to gain unauthorized access to the Site, the server on which
the Site is stored or any server, computer or database connected to the Site.
You must not attack our Site via a denial-of-service attack or a distributed
denial-of service attack.
We will report any such activity by you to the relevant law enforcement
authorities and we will co-operate with those authorities by disclosing your
identity to them. In the event of such a breach, your right to use the Site
will cease immediately.
We will not be liable for any loss or damage caused by a distributed
denial-of-service attack or Malicious Code that may infect your computer
equipment, computer programs, data or other proprietary material due to your
use of our Site or to your downloading of any material posted on it, or on any
website linked to it.
INTERACTIVE SERVICES
We may from time to time provide interactive services on the Site including,
without limitation, chat rooms and forums, bulletin boards, music mix rooms,
image upload features, interactive drinks functionality and interactive clubfinder. Where we do provide any interactive service, we
will provide clear information to you about the kind of service offered, if it
is moderated and what form of moderation is used (including whether it is human
or technical).
We will make reasonable efforts to assess any possible risks for users from
third parties when they use any interactive service provided on the Site, and
we will decide in each case whether it is appropriate to use moderation of the
relevant service (including what kind of moderation to use) in the light of
those risks. However, we are under no obligation to oversee, monitor or
moderate any interactive service we provide on the Site, and we expressly
exclude our liability for any loss or damage arising from the use of any
interactive service by a user in contravention of our content standards,
whether the service is moderated or not. Where we do moderate an interactive
service, we will normally provide you with a means of contacting the moderator,
should a concern or difficulty arise.
CONTENT STANDARDS
Any and all material which you contribute to the Site must comply with the
spirit of the following content standards as well as the letter. The standards
apply to each part of any contribution as well as to its whole.
Your contributions must:
·
Be
accurate (where they state facts).
·
Be
genuinely held (where they state opinions).
·
Comply
with applicable law of the country from which they are posted.
Your
contributions must not:
·
Encourage,
promote or glamorize under-age, excessive or irresponsible consumption of
alcoholic beverages or drink driving.
·
Be
targeted at an under legal drinking age audience.
·
Harm,
or attempt to harm, minors in any way.
·
Contain
any material which is defamatory of any person.
·
Contain
any material which is obscene, offensive, hateful or inflammatory.
·
Contain
sexually explicit or oriented material.
·
Promote
violence.
·
Promote
discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age.
·
Infringe
any copyright, database right, publicity right, trade mark or other proprietary
right of any other person.
·
Be
made in breach of any legal duty owed to a third party, such as a contractual
duty or a duty of confidence.
·
Promote
any illegal or immoral activity.
·
Be
threatening, abuse or invade another’s privacy, or cause annoyance,
inconvenience or needless anxiety.
·
Be
likely to harass, upset, embarrass, alarm or annoy any other person.
·
Be
used to impersonate any person, or to misrepresent your identity or affiliation
with any person.
·
Give
the impression that they emanate from us, if this is not the case.
·
Advocate,
promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
This
list only serves to provide examples and is not meant to be an exhaustive list
of the types of unacceptable uses that may result in the restriction,
suspension or termination of your use of the Site.