- You should assume that all materials, designs, text and images (collectively, the “Materials”) contained in the Site are either the copyrighted property of Top Shelf Beverages, Inc. (“Top Shelf’), unless otherwise noted, or are the copyrighted property of third parties. Top Shelf neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Top Shelf.
- You may download one single hard copy of Materials displayed on the Site for non-commercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, re-post or use the content of the Site for public or commercial purposes, including, without limitation, the text, images, audio and video.
- Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of Top Shelf and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
- While Top Shelf uses reasonable efforts to include accurate and up to date information in the Site, Top Shelf makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site.
- Information in the Site is subject to change without notice. Information regarding Top Shelf’s products and services is applicable only in the United States unless otherwise noted. Some products and services may not be available in certain areas. Top Shelf makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from the United States. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.
- Use of and browsing in the Site is done at user’s own risk. Neither Top Shelf nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
- From time to time, Top Shelf may ask that you transmit to the Site by electronic mail your feedback on Top Shelf’s products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Top Shelf, (b) become the property of Top Shelf and Top Shelf shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Top Shelf or its bottlers, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, Top Shelf shall be under no obligation to respond to any such communication.
- Notwithstanding the foregoing, Top Shelf maintains a long standing policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Submissions”), and therefore, you should not make any Submissions to Top Shelf in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of Top Shelf and Top Shelf shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Top Shelf shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Top Shelf shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Top Shelf uses or activities.
- The Trademarks displayed on the Site are registered and unregistered Trademarks of Top Shelf Beverages, Inc. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, Top Shelf will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
- This Site may include special promotions, features or functionality. For example, you may be able to use this Site to enter a sweepstakes or contest; to share recipes; to apply for a job; to purchase products; or to design and email a “gram” to a friend. These special promotions, features and functionality may be offered subject to special terms and conditions, such as age restrictions, entry deadlines, return policies, or restrictions on use. If special terms and conditions apply, we will post appropriate notices (“Notices”) on the applicable Site on the entry form, the order form or the registration page. These Notices supplement or amend these Terms and Conditions and are hereby made part of these Terms and Conditions.
- This Site may link to other sites not maintained by or related to Top Shelf. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of Top Shelf. Top Shelf has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
- In the event that Top Shelf may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board and the like on the Site, Top Shelf is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that would constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Top Shelf will fully cooperate with any law enforcement authorities or court order requesting or directing Top Shelf to disclose the identity of anyone posting any such information or materials.
- Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the 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.
- All offers set forth on the Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
- Top Shelf maintains and operates this Site from its offices in the state of California, United States. These Terms and Conditions are governed and interpreted under the laws of the state of California, United States of America. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.
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