Effective Date: November 1, 2022
Welcome to the website, www.diddydirect.com (the “Site”), operated by CE Spirts, LLC (“Company,” “CE,” “we,” “us,” or “our”). These Terms (“Terms”) contains the terms upon which we agree to provide you with access to and use of the Site, all related content, promotions, programs and services available through the Site (“Services”).
GENERAL TERMS AND USE RESTRICTIONS
PLEASE READ THESE TERMS CAREFULLY. YOUR ACCESS TO AND USE OF ANY PART OF THE SITE CONSTITUTES YOUR EXPRESS AGREEMENT TO THE TERMS OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
These Terms constitute a legally binding agreement between you and The Company. By using any part of the Site or by placing an order with us, you agree to be legally bound by all of the terms and conditions of the Agreement. These Terms set forth your rights and obligations with respect to your use of and access to the Site. If you have questions regarding these Terms, please contact us.
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, “Content”) are owned by the Company or its licensors. You are expressly prohibited from using any Content without the express, prior written consent of the Company or its licensors. Except as otherwise stated herein, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of the Company, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the Content on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the Content are retained. You may not, without the Company’s express, prior written permission, “mirror” any material contained on this Site or any other server. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed Content. Any unauthorized use of any Content contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
ACCEPTANCE OF TERMS
BY USING AND ACCESSING ANY PART OF THE SITE OR PURCHASING ANY PRODUCTS FROM US, YOU EXPRESSLY ACKNOWLEDGE, REPRESENT AND AGREE THAT YOU: (A) HAVE READ AND UNDERSTAND THE TERMS OF THESE TERMS; (b) UNDERSTAND THAT YOU ARE BOUND BY THESE TERMS; (C) ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS NOT BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; (D) ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES; AND (E) WILL COMPLY WITH THESE TERMS, OUR PRIVACY NOTICE, WHICH CONSTITUTES PART OF THIS AGREEMENT, AND ANY APPLICABLE LAWS AND REGULATIONS.
We reserve the right, at our discretion, to change, delete, and update these Terms and any other policies that govern or relate to the Site and/or the Services at any time, for any reason, and in our sole discretion. We also reserve the right to discontinue the Site, any portion of the Site, any part of the Services, and/or to terminate your access to or use of the Site or our Services. It is your responsibility to periodically review these Terms for changes. Any amendments and modifications by us will be prospective, and unless otherwise provided in these Terms, will be effective upon being posted on the Site. These Terms can be accessed from the link at the bottom of web page accessible at the Site. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to these Terms, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review these Terms frequently to be informed of how we are protecting your information.
We are committed to providing transparency in how it collects, uses and shares data. The terms of our Privacy Notice apply to your use of the Site, and are incorporated by this reference. It is your responsibility to read and understand our Privacy Notice, which is also updated from time to time.
The Site is designed for use by individuals who are at least 18 years of age. Due to the content of some portions of the Site, access to the Site and/or the Services may be limited to individuals who are over the age of 21. In the event of age-based restricted access, you will first have to identify that you are over the age of 21 before you can access the Site and the Services. You agree to provide only true, accurate, current and complete information.
Using certain features on the Site may require creating an account (“Account”) and submitting personal information (including creating a username and password to access the Account). The Site’s information collection and use policies are set forth in the Site’s Privacy Notice. You agree to provide only true, accurate, current and complete information, and you accept all responsibility for any and all information and all activities that occur under your Account. If you create an Account and choose a username and password in connection with your Account registration, you agree to safeguard the confidentiality of your password and agree that you will not disclose or share the password with any third parties. You are responsible for all activities that may occur under your username or password. To the extent your username or password is compromised, you must access the Site to effect a change or otherwise notify us as indicated below so that can make the necessary changes. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the Site for any reason.
We (a) own or license all of the Content, and other intellectual property related to the Site, including, without limitation, all trademarks, logos, text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, look and feel, compilation, titles, words or phrases, page headers, service names, advertisements, promotions, trademarks, patents, and copyrights (collectively, “Materials”); and (b) expressly reserve all right, title and interest in and to the Materials. You have no rights to use the Materials except as expressly set forth in these Terms. Any use of the Materials that is not expressly authorized by these Terms is prohibited.
Subject to the terms of these Terms, we grant you a limited, non-exclusive license to access and use the Site for your non-commercial, personal and informational use and/or to obtain products, services, rewards or information from us. You may not use any part of the Site for commercial purposes, to compete with us in any way (either directly or indirectly) or to harm us in any way.
When you provide us information online, you understand and expressly agree that there is a risk of fraud or security breach. While we take industry standard efforts to protect your transaction and sensitive information, we disclaim any and all warranties that such transactions will be error-free or may not be subject to a third party security breach and you waive all claims relating to the same.
COMMUNICATIONS TO YOU INCLUDING EMAIL AND MOBILE MARKETING COMMUNICATIONS.
We use email and mobile advertising. You agree that the Company may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Company’s products or services, or for such other purpose(s) as Company deems appropriate. You may always opt-out of our email and text messaging/SMS marketing programs (see below).
TEXT/SMS Messaging. If provide us with your mobile phone number, it must be your own and may not be anyone else’s as, by doing so, you are proving affirmative express consent (i.e., opting in ) to receive recurring advertising and other text messages from and on behalf of the Company via an automatic telephone dialing system to the mobile phone number you provide. This communication may be conducted on our behalf by a third party service provider to send text messages that may include cart reminder messages. Your consent to receiving such messages is not a condition of purchasing any goods or services.
Receiving Text Messages. You can choose to receive promotional text messages from the Company by signing up on our Site where you must provide your consent before receiving Text Messages (as defined below). If you consent to receiving recurring marketing or promotional SMS text messages from us (each, a “Text Message”), these may be sent by us directly a third party service provider on our behalf through an automatic telephone dialing system. This service is optional and is not a condition for purchase. Where you consent to receiving Text Messages from us, you are also consenting to us sharing the information that we collect from you with our third party service provide for the sole purpose of receiving such Text Message.
Opting out of Text Messages. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email email@example.com.
Charges. Your service carrier’s standard message and data rates may apply to our Text Messages and any SMS text messages you send to us or our third party service provider. Please check your service carrier’s pricing plan to work out the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we, or third party service provider, our affiliates be responsible for any SMS messaging, data or wireless charges incurred by you or by a person that has access to your device or telephone number. If your service carrier does not permit SMS messages, you may not receive Text Messages.
Our liability. We are not responsible for any delays in the receipt of, or failure to deliver, any Text Messages. Delivery of Text Messages depends on effective transmission from your network operator. We do not promise that your receipt of Text Messages will be error free. Our Text Message services are on an “as is” and “as available” basis. We may stop sending Text Messages to you at any time at our sole discretion.
Information we will collect from you. If you sign up to receive Text Messages, we may collect the following information from you:
your phone number;
your service carrier’s name; and
the date, time and content of your text messages.
We may use this information in accordance with our Privacy Notice to contact you and to provide the services you request from us. This information will also be given to Wunderkind to enable them to send you Text Messages and provide services to you. For more information on how we use your information, please read our Privacy Notice.
Updating your phone number. If you change or deactivate your phone number, you must update your account information and the phone number(s) attached to your account to prevent us from accidentally communicating with anyone who takes over your old phone number(s).
Consent to Receive Electronic Notifications. Electronic communication is the most effective and timely way to provide the users of the Site and purchasers of our products with any optional or required notifications and disclosures. In some circumstances, however, state and/or federal laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through these Terms, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request a paper copies of any electronic notifications you receive, please contact us. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software platform, such as Gmail, Yahoo or other electronic mail provider.
Some operating systems and mobile devices may not be capable of accessing the Site. We are not responsible or liable for any errors, inaccuracies, faults, or failures arising in connection with your attempts to access or use any of the Site. You agree that you alone are responsible for all access and connectivity charges assessed by your communications carrier in connection with access to or use of the Site.
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
We make no representations or warranties as to the security of the Site. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. We recommend that you take the following precautions to safeguard your data:
Always use a complex password with unique numbers, letters and special characters, and do not disclose your password to anyone. If you share your password or your personal information with others, you are responsible for all actions taken in the name of your Account. If your password has been compromised for any reason, you should immediately change your password.
Keep your computer software up to date with the latest browser and anti-virus security software.
Be aware of increasingly common email scams that may use your email address to contact you and ask for personal or sensitive information. Always be cautious when opening links or attachments from unsolicited third parties. The Company will not send you emails asking for your credit card number, social security number or other personally identifiable information. So, if you are asked for this information, you can be confident it is not from us.
If you have any questions or concerns regarding security or whether a communication is from us, please contact us.
In the event that we or any of its vendors experience a data breach that may affect you, you expressly consent to receive notice of such breach or data security incident exclusively through electronic correspondence as set forth below.
All of the Materials accessible on or through the Site and Services are owned by the Company and are registered and/or protected by U.S. and international copyright, trademark, and other laws. The Company reserves all rights in and to its Materials. You agree to retain all trademark, copyright and all other proprietary notices contained in or on the Site. You may not delete or change any copyright or trademark notices, and may not alter or modify the Materials in any manner without the express written permission of the Company. You may not copy or use any of the Materials or the Company intellectual property in any way that is not expressly authorized herein without first obtaining written consent from the Company.
The trademarks, logos, service marks and trade names displayed on the Site or as part of the Content are registered and unregistered trademarks of the Company and other persons (each, a “Trademark,” collectively, the “Trademarks”), and may not be used unless expressly authorized by the applicable Trademark owner. Nothing contained on the Site should be construed as granting, expressly, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or as part of the Content, without our written permission or that of the applicable third-party rights holder.
FAIR & TRUTHFUL ADVERTISING
We endeavor to engage in truthful and transparent methods of advertising and expects users of the Site to do the same. If you provide any endorsements or testimonials on or through any of the Site or our social media accounts, you must provide only your honest opinions and experiences. If you are an employee of the Company, or if you receive any compensation, free products or services, or any other value from the Company, you must disclose that with any testimonials or endorsements you may provide on or through the Site.
You may not:
Violate any local, state, federal or international law, rule or regulation;
Violate the security of the Site, or obtain or attempt to gain unauthorized access to the Site, Content, computer systems or networks connected to any serve associated with the Site or Content;
Violate or attempt to violate the security of the Site or to interfere with any intellectual property or proprietary rights in or to the same;
Use or access the Site to transmit, copy, reproduce, modify, republish, upload, post, transmit, email, or distribute any material or content that infringes any copyright, trademark, proprietary, or other right of any person or entity (including The Company) or that otherwise violates the terms of these Terms;
Use or incorporate any of the Company’ trademarks, trade dress, the name of any the Company’ personnel, or any variation of these items as a metatag, Adword, hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between The Company and you, or any other individual or entity;
Upload, email or otherwise transmit to the Company and/or through the Site any of the following: sexually-explicit images or statements; advertising, promotional, or other unauthorized communication, including, without limitation, commercial solicitations, junk mail, surveys, unsolicited email, spam, and any material that contains viruses, Trojan horses, worms, time bombs, malware, cancelbots, or any other computer code, files or programs that could interrupt, limit or interfere with, damage, surreptitiously intercept, breach or expropriate any system, data or information related to or connected with the Site, or any computer software, hardware, cloud, hosted system or other equipment that is owned, leased or in any way used by the Company;
Engage in spidering, “screen scraping”, “database scraping”, harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information through the Site, including without limitation, any information residing on any server or database connected to the Site;
Use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
Take any action that imposes, or may impose, in the Company’ sole discretion, an unreasonable or disproportionately large data load on The Company’ system or infrastructure;
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site;
Insert your own or a third-party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Content, Services on Site;
Use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Site or any Content for any commercial or promotional purposes (other than as expressly permitted in a signed writing by the provider of such information and other materials), or contact any other user of the Site for commercial or promotional purposes, or offer to buy or sell any product or service through your activities on the Site (except that you may purchase products on the Site where offered and subject to these Terms);
Alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices including therein or thereon;
Use the Site or their features in any manner that could interrupt, damage, disable, overburden or impair the Site or such features, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending a mass unsolicited message or unauthorized advertising or commercial communications, or “flooding” servers with requests;
Circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Site or its services or any software on the Site;
Create any links from the Site (or include any links in your submissions to any part of the Site) directed to websites or content owned or maintained by third-parties;
Frame or otherwise portray any third-party sites or content in any manner that would constitute or could be interpreted as an endorsement or sponsorship by the Company of any third-party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third-party sites;
Upload, post, transmit, distribute or otherwise publish to, on or through the Site, any information, content or materials which are false (including statements or materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact), fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any local, state, federal or international law;
Use the Site or the Content to violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
Upload, post, publish, distribute or otherwise transmit information or material which constitutes or contains a virus, spyware or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; and/or
Use the Site or their services (or any Content), in whole or in part for any purpose that is prohibited by any applicable law or regulation, or to facilitate the violation of any applicable law or regulation.
The license granted to you under these Terms to access and use the Site shall automatically terminate if you violate any of these restrictions. The Company reserves the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICES
We respect the intellectual property rights of others, and require that the people who use the Site and the Content 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 e-mail address listed below (see 17 U.S.C. Section 512(c)(3) for further detail):
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of 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 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.
[INSERT COPYRIGHT AGENT]
Upon receipt of the written notification as outlined above, we will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (i) a physical or electronic signature; (ii) identification of the material that has been removed the location at which the material appeared before it was removed; (iii) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (iv) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if his/her address is outside of the United Sates, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under or an agent of such person. Upon receipt of a valid counter-notification, we will forward it to notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify the Company that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Site.
TERMINATION, REMOVAL OF MATERIALS, AND MONITORING
These Terms are effective until terminated. We may terminate, restrict, or suspend all or part of your license to access and use the Site at any time, in its sole discretion, without prior notice to you and without any liability to you. We shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to posting.
For your general informational use only, we may provide access to third party websites. These links allow you to leave the Site. We are unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to or through any of the Site. By providing access to other websites, we are not recommending or supporting any third party, are not recommending the purchase or sale of any products or services of a third party, and are not endorsing or acknowledging that it is affiliated with any website sponsoring organization. We do not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.
DISCLOSURE OF YOUR IDENTITY AND USE
In addition to the ways we may disclose your information set forth in our Privacy Notice, we expressly reserves the right to disclose any and all information we have about you (including your identity) if we determine that such disclosure is necessary or advisable in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request, including, but not limited to, court order or subpoena. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes or for governmental authorities for security purposes.
We cannot and do not guarantee or warrant that files available for downloading from the Site are free of viruses, worms, Trojan horses, malware, web cells or other code that may have contaminating, destructive or security-vulnerable properties. It is your responsibility to review and scan any and all downloaded materials from the Site and/or any links provided by or through the Site. We will not be responsible or liable for any damage caused by your use of the Site.
INACCURACIES OR ERRORS
The descriptions, pictures, representations of products, promotions and/or other information available on the Site may contain inaccuracies and/or errors. We do not make any warranty or representation with respect to the accuracy or completeness of any such information, and reserve the right to correct the same without penalty. Furthermore, the prices and availability of products on the Site may change without notice to you at any time in our sole discretion. We shall have the right to refuse or cancel any advertisements placed or listed at an incorrect price or location.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, CONTENT, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT SUITABILITY, SECURITY, CORRECTNESS, ACCESSIBILITY AND NON-INFRINGEMENT). THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “THE COMPANY’ PARTIES”) MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS OR PERFORMANCE OF THE SITE OR THE SERVICES; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE COMPANY PARTIES; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); OR (E) LOSS, USE OR MISUSE OF DATA. THE COMPANY DISCLAIMS ALL WARRANTIES. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES.
LIMITATION OF LIABILITY
THE COMPANY’S LIABILITY TO YOU IS LIMITED. YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR YOUR HEIRS OR ASSIGNS FOR LOT PROFITS, OR LOST DATA, OR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT OR ANY MATERIAL PROVIDED TO YOU BY THE COMPANY. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND/OR EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO THE COMPANY WITHIN THE LAST SIX MONTHS OF YOUR USE ACCESS OR USE OF THE SITE, SERVICES, MATERIALS OR CONTENT THAT FORM THE BASIS OF YOUR CLAIM, OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO THE COMPANY. IF YOU LIVE IN A STATE OR JURISDICTION THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY THE COMPANY IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE COMPANY PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
In consideration of your access to and use of the Site, you agree to indemnify the Company for certain of your acts and omissions. You hereby agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from and against any and all (which includes all third party) claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or related to your breach of these Terms, your violation of law, your access to or use of the Site or Services, your infringement, infringement by any other use of your Account, of any intellectual property, of, or your violation or threatened violation of any person’s or entity’s rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights related to Content, Material, or otherwise). Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
AFFILIATED SITES / LINKS TO OTHER WEBSITES AND SERVICES
The Company has no control over, and no liability for any third party websites or materials. The Company may work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content.
DISPUTES OF LAW; ARBITRATION; CLASS ACTION WAIVER
The Site is intended for users located in the United States of America. We generally control and operate the Site from our offices in the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who access or use the Site from other locations are responsible for compliance with any applicable local laws. Software for the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
SEVERABILITY AND WAIVER
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, all of which shall remain in full force and effect. Failure to exercise or delay in exercising any right, power or privilege by the Company under these Terms shall not constitute any waiver or modification of the terms of these Terms by the Company.
Additional terms and conditions may apply to your access to and use of the Site, including (without limitation) the Company’ Privacy Notice.
We may terminate, change, suspend, restrict or discontinue any aspect of the Site at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion, without notice or liability. These Terms will terminate commensurate with the discontinuance or terminations of your Site use privileges. However, the Terms will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Sites and Content, and anything connected with, relating to or arising therefrom.
The Company operates the Site from its Company headquarters in CA. The Company does not in any way imply that the materials on the Site, or products described in the same, are available in all jurisdictions where we operate or in a jurisdiction where we are not licensed to do business or that we are soliciting business in any such jurisdiction. If you have any questions or concerns, please contact us: CE Spirits, LLC, 9200 Sunset, Suite 300, West Hollywood, CA 90069