Breaking Bourbon Terms of Use Agreement

 

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE(S) AND OTHER SERVICES.

 

IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE AND OTHER SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE.

 

These Terms govern your use of the websites, applications and software operated by Breaking Bourbon within this policy, and related services including, but not limited to, emails, newsletters, and sweepstakes (with the websites, applications and software, the “Service”). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to as the “Agreement.”

 

Age Restrictions

 

Use of our website is limited to those of legal alcohol consumption age in their respective countries or localities. In the United States, use of our website is limited to only those persons 21 years of age or older.

 

Rules of Conduct

 

Breaking Bourbon allows users to create communications online with other users. The service is operated by HTML Comment Box. By using Breaking Bourbon (the "Website") you agree to be bound by these Terms of Use (this "Agreement"). This Agreement details the legally binding terms for use of the Website and your communication with other users on/with Breaking Bourbon. Breaking Bourbon may modify this Agreement from time to time and you agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted to the Breaking Bourbon website. It is the responsibility of the User to keep abreast of changes in this Agreement.

 

Breaking Bourbon reserves the right, in its sole discretion, to reject, or remove any posting by any User, or to restrict, suspend, or terminate a User’s access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.

 

Users must be 21 years of age or older and that they are eligible to enter into this Agreement. Users take full responsibility for the content they publish on Breaking Bourbon. Users warrant that use of Breaking Bourbon complies with all local laws and statutes

 

This Agreement shall remain in full force and effect while you use Breaking Bourbon. If Breaking Bourbon rejects or removes any posting by any User, you shall not be entitled to the refund of any kind. Breaking Bourbon is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Breaking Bourbon (e.g. Shelf Talkers). Appropriate legal action, including but without limitation, civil, criminal, and injunctive redress will be taken by Breaking Bourbon for any illegal or unauthorized use of the Website. Proprietary Rights in Content on Breaking Bourbon. Breaking Bourbon owns and retains all proprietary rights in the Website and the Service. Except for that information which is in the public domain or for which you have been given written permission (either by letter or electronic mail), you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Content posted using the Service.

 

Breaking Bourbon may review and delete any content, messages, journals, blogs, videos, photos, links to outside websites, or profiles (collectively, "Content") that in the sole judgment of BreakingBourbon.com violate this Agreement or the general spirit of Breaking Bourbon.

 

You are solely responsible for the Content that you publish on the Service or any material you send to other Users.

 

By posting, commenting, publishing or otherwise providing Content to the Website, the Service, social media accounts or Breaking Bourbon, you automatically grant to Breaking Bourbon as well as represent and warrant that you have the right to grant to Breaking Bourbon, an irrevocable, perpetual, non-exclusive, free of charge, worldwide, fully transferable and fully sub licenseable license to use, copy, perform, display, create derivative works of, distribute and otherwise exploit such Content without liability or payment to you.

 

By using the Service you agree not to transmit content that:

A. promotes racism, hatred or physical harm of any kind against any group or individual;

B. harasses or defames another person;

C. contains or promotes "junk mail" or "spam";

D. involves commercial activities and/or sales without Breaking Bourbon's prior written consent such as giveaways or pyramid schemes.

E. contains or provides information about an illegal or unauthorized copy of copyrighted work;

F. displays pornographic material of any kind;

G. provides material that exploits people under the age of 18 in a sexual or violent manner; or

H. provides instructional information about illegal activities.

I. post anything relating to the sale or trade of alcoholic beverages.

 

Even though all of this is strictly prohibited, Breaking Bourbon does not guarantee the removal of these items and Users may be exposed to such items. You further waive Your right to any damages (from any party, including Breaking Bourbon) related to such exposure.

 

Use of Content

 

1. Copyright Policy. Breaking Bourbon will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to Breaking Bourbon. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. - 512)("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: (i) your physical or electronic signature; (ii)identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow Breaking Bourbon to locate that material; (iv) adequate information by which Breaking Bourbon can contact you (including your name, postal address, telephone number and,if available, e-mail address); (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (vi) a statement that the information in the written notice is accurate; and (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. It is Breaking Bourbon's policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.

 

2. User Disputes. You are solely responsible for your interactions with other Breaking Bourbon Users.

 

3. Privacy. Breaking Bourbon maintains a Privacy Policy that governs all privacy issues in effect while using the Service. A copy of this Privacy Policy may be found on the Website.

 

4. Disclaimers. Breaking Bourbon is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Users or by any of the equipment or programming associated with or utilized in the Service. Breaking Bourbon is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Breaking Bourbon assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Breaking Bourbon is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall Breaking Bourbon be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Breaking Bourbon expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Breaking Bourbon cannot guarantee and does not promise any specific results from use of the Website and/or the Service. Breaking Bourbon does not guarantee the availability of the Service. No advice or information,whether oral or written, obtained by user from Breaking Bourbon or through or from the service shall create any warranty not expressly stated herein.

 

5. Limitation on Liability. IN NO EVENT SHALL BREAKING BOURBON BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF BREAKING BOURBON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BREAKING BOURBON’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO BREAKING BOURBON FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

 

6. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of New York without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, Onondaga County.

 

7. Indemnity. You agree to indemnify and hold harmless Breaking Bourbon, its subsidiaries, affiliates, officers, agents, and other partners and employees,from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

 

8. Other. This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and BreakingBourbon.com regarding the use of the Website and/or the Service. You may not assign this Agreement, or any of your rights or obligations under this Agreement, without the express prior written consent of Breaking Bourbon. Breaking Bourbon may assign this Agreement, and its rights or obligations under this Agreement, without or without notice to you. The failure of Breaking Bourbon to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.

 

9. Intellectual Property. All written content, original photography, original graphic designs (including Website layout, background materials and logo design) are copyrighted by BreakingBourbon.com and can not be used or reused in any form without expressed written constent from Breaking Bourbon. Tweeting, retweeting, posting and reposting links to Breaking Bourbon’s content is permitted, but must to attributed at all times. At any time, Breaking Bourbon reserves the right to request removal of any posting/reposting of our content of a Users social media account or website/blog. Except as expressly permitted, you may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of Breaking Bourbon’s Content or Material in whole or in part, or use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Service. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Service or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.

 

Questions

 

Please contact us at [email protected] and insert “Terms of Use Question” in the subject line if you have any questions or comments about the Terms, or to report user conduct violating the Terms.