Terms & Conditions
STOKED SPIRITS LLC USER TERMS & CONDITIONS
By browsing and using this Internet web site at www.stokedspirits.com (the “Site”), provided by STOKED 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
STOKED 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
STOKED 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. STOKED 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
STOKED 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 STOKED SPIRITS (“STOKED SPIRITS’s Proprietary Material”) unless otherwise noted. STOKED SPIRITS’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 STOKED SPIRITS’s Proprietary Material. You may not display, reproduce, distribute, modify, transmit, or otherwise use STOKED SPIRITS’s Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of STOKED SPIRITS.
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 STOKED SPIRITS s Proprietary Material. All rights, title and interest in and to all aspects of STOKED SPIRITS’s Proprietary Material remain the exclusive property of STOKED SPIRITS.
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
STOKED SPIRITS will fully cooperate with any law enforcement authorities or court order requesting or directing STOKED 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 STOKED SPIRITS. STOKED SPIRITS will not be required to treat any submission as confidential. By transmitting content to this Site, you automatically grant to STOKED 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 STOKED 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 STOKED SPIRITS need not provide any compensation or acknowledgment to you in exchange for any such use.
You agree that STOKED 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, STOKED SPIRITS does not and cannot review all materials posted to the Site by users and STOKED 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, STOKED 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, STOKED 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. STOKED 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 STOKED 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 STOKED 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 STOKED 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.
You shall indemnify, defend and hold harmless STOKED 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. STOKED 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 STOKED SPIRITS.
This Agreement constitutes a binding agreement between you and STOKED SPIRITS until terminated by you or STOKED SPIRITS, which STOKED SPIRITS may do at any time, without notice, in STOKED 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.
The Terms and Conditions shall be governed by and construed in accordance with the laws of Canada, without regard to conflicts of laws provisions. You irrevocably consent to the jurisdiction of the appropriate courts located in the country of Canada 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 STOKED SPIRITS, firstname.lastname@example.org, or, in the case of a user to the e-mail address you provide to STOKED 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.
This Site is intended for use mainly of Canada residents of the legal drinking and purchasing age. STOKED SPIRITS makes no claims that the content of this Site is appropriate or may be downloaded outside of Canada. If you access this Site from outside of Canada, 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 STOKED SPIRITS intends to make such products or services available in all countries.
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 STOKED 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 STOKED 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.
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 email@example.com.
© 2014 STOKED SPIRITS. All rights reserved. Products distributed in North America are imported and/or distributed by STOKED SPIRITS, CANADA.
MALICIOUS CODE, HACKING AND OTHER OFFENCES
You must not misuse the Site by knowingly introducing any Malicious Code. You must not attempt to gain unauthorised 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.
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.
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.