Terms and Conditions
I. INTRODUCTION AND ACCEPTANCE
CERTAIN SERVICES OR PORTIONS OF OUR SERVICES ARE AGE RESTRICTED. IF YOU ARE UNDER 21 YEARS OF AGE OR UNDER THE LEGAL DRINKING AGE IN YOUR JURISDICTION AND HAVE ACCESSED OUR SERVICES BY PROVIDING A FALSE DATE OF BIRTH, YOU MUST IMMEDIATELY STOP USING THE SERVICES. IF YOU BELIEVE SOMEONE UNDER THE LEGAL DRINKING AGE HAS PROVIDED US WITH INFORMATION BY OBTAINING ACCESS IN VIOLATION OF THE APPLICABLE SERVICES; ACCESS RESTRICTIONS, PLEASE CONTACT US IMMEDIATELY AND THIS INFORMATION WILL BE REMOVED.
II. INTELLECTUAL PROPERTY
III. ACCESS AND USE
(A) IF YOU ARE UNDER THE LEGAL DRINKING AGE IN THE LOCATION WHERE YOU ARE ACCESSING OR ATTEMPTING TO ACCESS THE SERVICES, THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER, SIGN UP FOR ANY PROMOTIONAL MESSAGES (SEE BELOW), OR OTHERWISE PROVIDE OR SUBMIT TO US ANY PERSONAL INFORMATION OR USER CONTENT (DEFINED BELOW).
You represent and warrant that you:
(a) have not previously been suspended or removed from the Services or from any other offerings by Spirits Network;
(b) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party;
(c) understand that the use of the Services is at your own risk, and
(d) are at least the minimum legal drinking age in the location where you are accessing or attempting to access the Services.
The Service Content may not be appropriate or functional for use outside the United States of America. Anyone accessing the Services (each a User ) from outside the United States uses the Services understanding this limitation.
(B) We may offer certain portions of our Services at no charge and others for a one-time fee, on a membership basis, or under any other lawful pricing structure. In all instances, our web- based, app-based and OTT, Fast Channel Services are not being sold to you; rather, you are being granted a limited license to use such Services. In addition, the license to use any of our Services does not necessarily transfer across operating systems and/or different equipment (e.g., mobile, set-top-box, smart tv devices or computers). For example, unless we specifically tell you otherwise, the use of any of our mobile applications is limited to the relevant device and/or operating system that you are using at the time you purchase the license to use the application.
(D) Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
i. use the Services to purchase spirits unless you and the spirits/alcohol recipient are 21 or older validated via your purchasing accout and present a valid photo identification(s) verifying your age at the time of spirits/alcohol delivery;
ii. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice that we or a third party include in or through our Services or Service Content;circumvent, disable, or otherwise interfere with our security-related or content-management features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
iii. use an automatic device (such as a robot or spider) or manual process to copy or scrape the Services (or any portion thereof) or Service Content for any purpose without our express written permission;
v. collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, and email addresses;
vi. solicit other users of the Services to join or become members of any commercial online service or other organization without our prior written approval; vii. interfere, or attempt to interfere, with the proper working of our Services or impair, overburden, or disable the same;
viii. decompile, reverse engineer, or disassemble any portion of our Services or other Service Content;
ix. use network-monitoring software to determine architecture of or to extract usage data from our Services;
x. encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another persons Membership as defined below);
xi. violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
xii. engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
(H) You understand and agree that your use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Services and Service Content.
IV. USER MEMBERSHIP
i. Spirits Network Memberships are related to offered retail products and services. All Memberships must be accompanied by a valid Payment Method . 'Payment Method' means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.
ii. We may offer a number of membership plans, including special promotional plans or other memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties.
iii. Some membership plans may have different offerings, conditions, and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Spirits Network Membership by visiting our website and clicking on the 'Account' link.
iv. Based on the Spirits Network membership level you select your membership may be billed on a month to month, quarterly or on a yearly bases. All membership levels will automatically renew until canceled by you. Cancelation can e acomplished via your account settings or by contacting firstname.lastname@example.org.
(C) Membership Trials.
i. Your Spirits Network membership may start with a membership trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up and is intended to allow new and certain former members to try the services.
ii. Trial eligibility is determined by Spirits Network at its sole discretion and we may limit eligibility or duration to prevent trial abuse. We reserve the right to revoke the trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Spirits Network membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Spirits Network membership to determine eligibility. For combinations with other offers, restrictions may apply.
iii. We will charge your Payment Method for your monthly membership fee at the end of the trial period and your membership will automatically renew monthly unless you cancel your membership prior to the end of the trial period. To view the monthly membership price and end date of your free trial period, visit our website and click the 'Billing details' link on the 'Account' page.
(D) Membership Billing and Cancellation.
i. Billing Cycle.
Your membership fee for the Spirits Network membership and any other related membership charges you may incur in connection with your use of the service, such as taxes, delivery fees, and possible membership transaction fees, will be charged to your provided Payment Method on a transaction, monthly, quarterly, yearly basis (depending on the membership level you have selected) on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the 'Billing details' link on the 'Account' page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of or quarter of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your membership if a trial period is offered as part of your membership plan.
ii. Membership Payment Methods.
To use the Spirits Network services you must provide a Payment Method. You can update your Payment Method by going to the 'Account' page of the website. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your membership fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
iii. Membership Cancellation.
You can cancel your Spirits Network membership at any time, and you will continue to have access to the Spirits Network service based on your membership level through the end of your monthly, quarterly , or yearly billing period. Cancelation of your membership must be accomplished before your next memberships (monthly, quarterly, or yearly) renewal period in order to avoid billing of the next periods renewal membership fees to your Payment Method. We do not provide refunds or credits for any partial-month , quarterly or yearly membership periods. To cancel your membership, email email@example.com or go to the 'Account' page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click 'Billing details' on the 'Account' page. If you signed up for Spirits Network using your account with a third party as a Payment Method and wish to cancel your Spirits Network membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Spirits Network service through that third party. You may also find billing information about your Spirits Network membership by visiting your account with the applicable third party.
(E) Changes to the Price and Membership Plans.
(F) No Membership Refunds.
Membership payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the service through the end of your current membership billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ('credits'). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
V. SPIRITS/ALCOHOL DELIVERY RULES AND RESTRICTIONS
(A) Purchase Of Spirits/Alcohol Beverages.
By completing a purchase through the Services, you agree that you are an individual 21 years of age or older and will be present to accept the delivery of spirits/alcohol beverages. Our legally licensed suppler/delivery partners do not under any cirumstance deliver spirits/alcohols to any P.O. Boxes and all deliveries of spirits/alcohol beverages MUST be signed for by an individual capable of proving that he or she is 21 years of age or older. The person signing for the order must verify his or her age by providing a valid form of photo identification at time of delivery. Spirits/alcohol beverage delivery can be accepted by a building attendant (doorman). Building attendants accepting delivery in this way must be at least 21 years of age and must sign for and take charge of the delivery contents immediately. Delivery Agents (defined below) may not drop off or leave spirits/alcohol beverages unattended for any reason. If a building attendant has signed for Spirits/alcohol beverages, the Delivery Agent must leave those beverages with the building attendant. If, at the time of delivery, there is no person at the delivery address who is at least 21 years of age and/or cannot provide valid photo identification proving his or her age, the Delivery Agent will not deliver the order. All products will be cleared from the order and returned to their local vendor(s), and a $20 return-delivery fee will be charged to the Users credit card account. No refunds will be issued under this circumstance. The Delivery Agent reserves the right to refuse to deliver spirits/alcohol beverages for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly inebriated, and refusing service to specific buildings for access or safety reasons.
(B) Processing Information.
Spirits Network provides a market service, and a market service only, with our market service partners for our collective spirits/alcohol stores (each, a 'Delivery Agent'), through which all spirits/alcohol orders and purchases are processed. At time of purchase, your credit card will be charged by a third-party credit card processing provider who will transfer and deliver funds to the Delivery Agent. All credit card transactions will be listed as one of our market services providers. Example: MINIBAR DELIVERY . In processing any spirits/alcohol beverage order(s), neither Spirits Network nor any officer, director, employee, market service partner, shareholder or agent of Spirits Network shall be liable to the user or any third party for any claims relating to the purchase, sale, delivery and/or consumption of the spirits/alcohol beverage or any consequences that may result therefrom. You shall indemnify and hold harmless Spirits Network and its directors, officers, employees, shareholders, affiliates, agents, representatives, third-party information providers, market service partners, delivery agents, merchants, or licensors (collectively, 'Our Delivery Parties') from and against, for and in respect of, any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorneys' fees), damages, obligations, deficiencies, and liabilities, which arise or result from or are related to your improper or illegal: (a) processing of the spirits/alcohol beverage order; (b) purchase of the spirits/alcohol beverage(s); (c) receipt of delivery of the spirits/alcohol beverage(s); or (d) consumption of the spirits/alcohol beverage(s), and/or any consequences that result therefrom.
(C) Delivery Of Products.
The Delivery Agent will make every attempt to complete your on-demand order in one delivery, but please note that large orders may have to be completed in multiple deliveries with extended delivery times or may need too be delivered through more than one licensed partner and/or delivery agent.
(D) Failed Delivery Of Products.
In the case of a failed delivery due to incorrect order information or failure to accept the delivery at the time the Delivery Agent is present, the order may be subject to a $5 redelivery fee or $20 cancellation fee.
(E) Delivery Cancellations.
In the case of inclement weather or unforeseen delivery complications, it may be necessary to extend the estimated delivery window for delivery. If there will be a significant delay, a customer service representative may call or email you to let you know the status of your delivery time. The Delivery Agent will deliver your order as quickly as possible when the conditions permit. If your designated delivery location (i.e., street, avenue) is inaccessible, rendering it impossible to make the delivery, we will contact you to determine the best alternate location. In an effort to meet the committed estimated delivery time for all our customers, the Delivery Agent is not required to wait for an inspection of the items delivered. Your order will arrive with an invoice that will list all of the items you have received and were billed for, and you can always find a copy in the Account Info section of the services registration and profile section. If something is missing from your order, please call 1-646-277-4918 or email firstname.lastname@example.org . Delivery fees may vary based on delivery address. All delivery fees are inclusive of applicable taxes.
(F) Order Cancellation And Refunds.
If you need to cancel an order, please call 1-646-277-4918 or email email@example.com immediately. Please note that orders are processed for delivery as soon as possible to meet the estimated delivery window. Due to these circumstances, neither Spirits Network nor the Delivery Agents can guarantee the opportunity to change or cancel any order once it has been placed. Cancelled orders may be subject to a $20 delivery and restocking fee. Neither Spirits Network nor the Delivery Agent will make any refunds or exchanges for orders that were delivered and signed for.
(G) Returns Of Spirits/Alcohol Products.
Neither Spirits Network nor licansed retailers or our Delivery Agents can accept returns of used or unused alcohol beverage products. If something is wrong with your alcohol beverage products, please call 1-646-277-4918 or email firstname.lastname@example.org immediately and we will be happy to assist.
(H) Government Warning.
ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK SPIRITS/ALCOHOL BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.
WARNING: No person shall sell or give away any spirits/alcohol beverages to any person under the age of twenty-one years or to any visibly intoxicated person.
IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY SPIRITS/ALCOHOL BEVERAGE.
PLEASE DRINK RESPONSIBLY
(I) FDA Disclosure.
The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice.
VI. NON-SPIRITS/ALCOHOL PRODUCTS RETURN POLICY
You may return new and unopened non-spirits/non-alcohol products purchased from Spirits Network within 30 daysof receipt for a full refund minus the shipping charges. You must obtain prior authorization from Spirits Network before we are able to be process any return. Contact us at 1-646-277-4918 or email email@example.com for return authorization and instructions. We will not be able to process your return if you do not call or email to obtain a return authorization. We will only refund the return shipping costs if the return is a result of our mistake (e.g. we shipped you the wrong product), otherwise the responsibility for return freight will be yours. Any returned item must be packaged properly in its original box and packaging, including instruction manuals and accessories, with the issued return authorization number marked clearly on the return shipping label. If goods are returned without a return authorization, in a used or opened condition, and/or are damaged as a result of inadequate packaging, you may be subject to a restock fee depending on the condition ofthe goods, or we may choose not to accept your return in whole or in part. Please contact us if you are unsure about how to re-box and ship the goods. We want to ensure the goodsyou send back arrive undamaged and minimize the chances of you incurring additional restock fees or not receiving any credit at all. Please be sure to examine all packages for damage or shortages immediately upon receipt. If there is either visible or concealed damage, you should accept the package but be sure to have a notation made on the carrier delivery receipt. To file a damage claim, you must contact our customer service department must within 48 hours of receipt of the package(s). Please note that if you receive something damaged, do not dispose of the original packaging. Thecarriers require that the original shipping box and packaging material be kept before processing a claim. You cannot file a claim without the original packaging. You should expectto receive your refund promptly upon our receipt of the product in our warehouse. This time period consists of the transit time for us to receive your return from the shipper, the time it takes us to process your return upon receipt, and the time it takes your bank to process our refund request. Occasionally, we have suppliers who have more rigid and specific rules concerning handling returns and damage claims. In such cases, we may alter policy and/or give you instructions that are outside the scope of our normal return policy.
VII. PROMOTIONAL MESSAGES Our Services may include sending you promotional emails/newsletters and/or text/SMS messages. These are typically recurring message programs that, upon registration, will be sent to you until you unsubscribe via any of our disclosed methods. To receive any of these communications from us, you will be required to register and provide certain information about you (e.g., full name, age, street address, email address, mobile number).
(A) Emails/Newsletters. You may opt-out of receiving our emails/newsletters by using the options included in the communications we send you (e.g., using the Unsubscribe feature provided in the footer of our emails).
(B) Text/SMS Messages.
(1) unless we explicitly tell you otherwise in advance, we will not charge you for the Message Service. However, Message and Data Rates May Apply, which means that, depending on your service plan, you may be charged message and/or data charges by your wireless carrier;
(2) by enrolling in the Message Service, you certify that you are either the account holder or are otherwise responsible for paying any wireless carrier charges associated with the Message Service;
(3) you certify that you are at least 21 years of age AND of the legal minimum drinking age in the jurisdiction where you are accessing or attempting to access the Services;
(4) we may send you up to 20 messages per month through our Message Service;
(5) if you have any questions about our Message Service or need assistance, you may contact us at firstname.lastname@example.org;
(6) we are not aware of any wireless carriers that do not support our Message Service, however, you must have a text or SMS enabled mobile phone;
(7) we do not guarantee or warrant that you will receive all or any of our messages; and
(8) our Message Service may be administered by a third party (the Administrator ) and we reserve the right to condition use of our Message Service to your acceptance of applicable Administrator terms and conditions. You may opt-out of the Message Service by replying to any text message with the word STOP.
(C) Mobile Alerts . Certain portions of our Services may provide mobile alerts to the device you use to access such Services.Additionally, if you are a registered user, you may be able to sign up for certain alerts specific to your personal settings. The types and frequency of mobile alerts will depend on your selections at registration. To sign up to receive mobile alerts, you must be a registered user of the Services and you must be at least 21 years of age AND of at least the legal drinking age in the jurisdiction where you are accessing or attempting to access the Services. Mobile alerts may not be available for all users. Message and data rates may apply.You may opt-out of receiving mobile alerts by updating your profile account preferences at spiritsnetwork.com .
VIII. USER CONTENT
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, Submit ) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ( User Content ). Subject to the rights and license you grant herein, you retain all right, title, and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not Submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you Submit.
(C) You represent, warrant, and covenant that you will not Submit any User Content that:
i. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
ii. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable or otherwise violates any applicable law;
iii. encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
iv. is an advertisement for goods or services or a solicitation of funds;
v. includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
vi. contains a formula, instruction, or advice that could cause harm or injury; or
vii. is a chain letter of any kind.
(E) By Submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a Persona ), including, without limitation, your name and geographical location (e.g., J. Doe New York, NY ), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
(F) Without limiting the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution and marketing partners, accounts, and third-party service providers (including their downstream users).
(G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
IX. SERVICE CONTENT and THIRD-PARTY LINKS
(A) We provide the Services including, without limitation, Services Content for educational, entertainment, and promotional purposes only. You may not rely on any information and opinions expressed on any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
(B) In many instances, Service Content will include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse, warrant, and are not responsible for, the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made through the Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
(C) Any health-related information that may be posted is not intended to be a substitute for professional medical advice. We do not endorse or warrant the validity of any such health-related statements found through our Services or in any third-party sites referenced in the Services. This information should be treated as general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services.
(D) If there is a dispute between persons accessing the Services or between persons accessing the Services and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Spirits Network its officers, directors, members, shareholders, employees, parents, partners (including, without limitation so-called distribution and marketing partners), licensees, successors and assigns, agents, representatives, affiliates, subsidiaries, and their related companies (collectively, Spirits Network Parties ) from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
(E) Our Services may contain links to other websites, social media pages, or applications maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the actions of, or the content found on, these third-party websites, social media pages, or applications. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or applications nor are we liable to you for any loss or damage of any sort incurred as a result of your dealings with any third parties or their websites, social media pages, or applications.
You agree to indemnify and hold harmless Spirits Network and the Spirits Network Parties from and against any and all claims, liabilities, losses, damages, obligations, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:
(i) your use of the Services;
(ii) User Content provided by you or through your use of your Membership or our Services;
(iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or
(v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
XI. DISCLAIMER OF WARRANTIES
XIII. COPYRIGHT POLICY
(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users whom we suspect to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
(B) We will respond promptly to claims of copyright infringement that are reported to us at:
Designated Agent: Mike Buzzell
Mail: 235 Park Ave South - 4th Floor - New York, NY 10003
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your works copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We will investigate notices of copyright infringement and take appropriate actions under the applicable law. Inquiries that do not follow this procedure may not receive a response.
XIV. CHOICE OF LAW; JURISDICTION AND VENUE
XV. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT OR OTHER PROCEEDING.
XVI. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT OR OTHER PROCEEDING.
XVII. AMENDMENT; ADDITIONAL TERMS
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
(B) The section headings used herein are for convenience only and shall not be given any legal import.