2. AGE REQUIREMENTS. This Website is intended for individuals of legal age (21 years old) who can consume alcohol. We do not encourage the sale or use of alcohol by persons underage. If you are underage (in your particular State), then you must immediately exit the Website. By registering with this Website, you represent that you are of legal age to form a binding contract. Our Website is intended for adults. It is not for minors and we continuously use our best efforts to avoid violating any applicable laws and regulations regarding minors, including compliance with the Children’s Online Privacy Protection Act (COPPA) and other similar laws.
3. REGISTRATION AND USE INFORMATION.
a. Account Security. When you register with this Website or provide information to us in any other manner, you represent and warrant that you are providing true, accurate, current and complete information. If we issue you a username and/or password, you may not reveal it to anyone else. You should never publish, distribute, or post login information for your account. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You may not sell, assign or otherwise transfer your user account, or any account rights, to any other person or entity. You agree to: (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others, including family members, are not able to view or record your username, password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
b. Non-commercial Use by Users. The Website is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not register as a user and should not use the Website for any purpose. Illegal and/or unauthorized use of the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with our permission, which may be revoked at any time, for any reason, in our sole discretion.
c. Your Interactions with Other Website Users. You are solely responsible for your interactions with other users that you may meet on the Website and you assume all risks associated with online and off-line interactions with others. You understand that we do not in any way screen users, and we do not inquire into the backgrounds of any user or attempt to verify their statements. We make no representations or warranties as to the conduct of any users. In no event shall we be held liable for any damages, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or related to the conduct of you or anyone else in connection with the use of the Website, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Website users, or with persons whom you may meet indirectly from your use of the Website. You agree to take reasonable precautions in all interactions with other Website users, particularly if you decide to interact offline or in person.
4. WEBSITE INTELLECTUAL PROPERTY.
a. Our Content. This Website contains a combination of our proprietary information, our intellectual property, and user content contributions. We hereby own and reserve all rights in our proprietary information and our intellectual property, including but not limited to all text, photographs, graphics, images, illustrations, animations, audiovisuals, audio, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks (collectively, the “Content”) within all territories of the universe in perpetuity. The Content includes logotypes, trademarks and service marks, whether or not registered (collectively “Marks”) owned by us, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in advance in writing by the Mark owner. You hereby waive any so-called “moral rights” pursuant to any territories’ directives and/or enabling or implementing legislation, laws or regulations whatsoever. You may not reproduce, distribute, display, modify, publish, transmit, perform, sell or otherwise use the Content without our prior written permission.
b. Other Users Content. Opinions, advice, statements, offers, or other information or content contributed by users to the Website are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any user.
5. USER POSTINGS AND INTERACTIVE AREAS
a. Granted Rights. Our posting and interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share information. By you posting information or content to the Website, you automatically grant to us and our users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Website in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us additional rights in connection with such features or programs. You represent and warrant that you have the right to grant the foregoing rights.
6. REPRESENTATIONS AND WARRANTIES
7. DISCLAIMER AND LIMITATIONS ON DAMAGES.
a. Disclaimers. WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THIS WEBSITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, INTEGRITY, QUALITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, WHETHER PROVIDED BY US, A USER, OR ANOTHER THIRD PARTY. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE. WE MAKE NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, AND SECURE OR ERROR FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF ANY HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
b. Limitations on Damages. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS FEES) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE THAT YOU MAY HAVE PAID TO US FOR ACCESS TO THE WEBSITE, AND IN NO EVENT SHALL THAT AMOUNT BE GREATER THAN $25.00.
8. INDEMNITY. You agree to indemnify, defend and hold us harmless and each of our respective partners, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding any violation of this agreement by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
9. MISCELLANEOUS PROVISIONS.
b. Access Fees. You understand that you are solely responsible for any fees or charges incurred to access this Website through an Internet Service Provider (ISP) or mobile data carrier.
c. No Access Where Prohibited By Law. This Website may not be used where prohibited by law. The content in this Website is not intended to violate any obscenity laws, specifically it is not intended for the average person, applying contemporary community standards to find it appealing to a prurient interest, it is not intended to be patently offensive as defined in your jurisdiction, and it is not intended to lack serious literary, artistic, political, or scientific value.
d. Foreign Access. This Website is controlled, operated and administered by us from our offices within the United States. We make no representation that the content is appropriate or available for use outside the United States and access to it from territories where it is illegal or improper is prohibited. You may not use this Website or export any content in violation of U.S. export laws and regulations. If you access this Website from a location outside the United States, you assume sole responsibility for compliance with all applicable U.S. and local laws.
e. Reservation of Rights. We reserve the right to modify (including modify any product or service pricing), suspend, discontinue or restrict the use of any portion of this Website, including the availability of any portion of any content at any time, to anyone for any reason without notice or liability. If we request that you no longer use the Website then you agree to immediately cease from accessing, or attempting to access, your account.
f. Advertisements. You understand that our Website may include advertisements.
g. Confidentiality. You understand that certain information that you are exposed to or otherwise learn from accessing the Website shall be deemed confidential, unless it is public knowledge, and you agree to hold such information in confidence in perpetuity.
h. Communication With Us. All communications with us should be e-mailed to: [email protected]ender.com. We will use our best effort to read and respond to your e-mail in a reasonable time. You shall not harass, annoy, intimidate or threaten us, or any of our employees, agents or associates, whatsoever.
j. User Disputes. You are solely responsible for your interactions with other Website users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
10. GENERAL LEGAL PROVISIONS.
c. Notice. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
e. Website Purpose. This Website is for entertainment purposes only. None of the advice, opinions, or other information contained on the Website shall constitute legal, medical, business, or any other professional advice whatsoever.