Last Updated: November, 2017
Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE SITE (AS DEFINED BELOW) CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF SERVICE.
This Terms of Service Agreement (the “Agreement“) is between you (“you“) and Inocente Tequila Company (“inocente Tequila,” “we,” “us“), and governs your use of the online site currently located at http://www.inocentetequila.com (together with any successor site(s), the “Site“).
- Acceptance of Terms. The Site is made available by INOCENTE TEQUILA subject to the terms of this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation by posting the revised draft of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using the Site, you agree that you are subject to any additional posted guidelines, rules, terms and conditions, which are hereby incorporated by reference into this Agreement.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
- Description of the Site. We provide users of the Site with access to specialized content related to INOCENTE TEQUILA’s “incocente” brand of tequila, including without limitation content such as information regarding our products, drink recipes, audio and video clips, photographs, graphics, images, text, data, event information, links to third party websites and other similar content. All content and services made available through the Site that were not made available as of the “LAST UPDATED” date above, shall automatically be deemed to be part of the Site and shall be governed by this Agreement when they are first made available through the Site.
- Age Information; Information Submitted Through the Site. By entering and/or using the site, you represent and warrant that you are at least twenty-one (21) years of age. You further represent and warrant that any information you provide in connection with your use of the Site (including without limitation information regarding your age) is and shall remain true, accurate, and complete. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
- Rules of Conduct. While using the Site you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section.
You agree not to:
- Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
- Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
- Impersonate any person or entity, including without limitation any representative of INOCENTE TEQUILA; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Use the Site to advertise or offer to sell or buy any goods or services without INOCENTE TEQUILA INOCENTE TEQUILA ‘s express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without INOCENTE TEQUILA’s express prior written consent.
- Create a database by systematically downloading and storing Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without INOCENTE TEQUILA’s express prior written consent.
Additionally, you acknowledge and agree that you (and not INOCENTE TEQUILA) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
- Monitoring. You acknowledge and agree that we have the right (but have no obligation) to do one or both of the following in our sole discretion: (a) monitor access to the Site and/or (b) disclose any the circumstances surrounding such access to any third party in order to operate the Site; to protect INOCENTE TEQUILA and its employees, officers, directors, shareholders, agents, representatives and affiliates, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
- Rules for Sweepstakes, Contests, Raffles and Similar Promotions. In addition to the terms and conditions of this Agreement, any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. INOCENTE TEQUILA urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.
- INOCENTE TEQUILA’s Proprietary Rights. The information and materials made available through the Site, and all software used to make the Site available are and shall remain the property of INOCENTE TEQUILA and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You acknowledge and agree that INOCENTE TEQUILA owns a copyright interest in the entire contents of the Site in the aggregate as a collective work under applicable copyright laws. The collective work includes works that are licensed to INOCENTE TEQUILA by third parties. Subject to your compliance with this Agreement, and solely for so long as you are permitted by INOCENTE TEQUILA to access and use the Site, you may download and view one (1) copy of any content on the Site to which we provide you access hereunder, on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized in writing in advance by INOCENTE TEQUILA, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site, or any materials made available through the Site.
INOCENTE TEQUILA’s trade names, trademarks and service marks include without limitation “INOCENTE.COM,” “inocente,” and any associated logos. All trademarks and service marks on the Site not owned by INOCENTE TEQUILA are the property of their respective owners. The trade names, trademarks and service marks owned by INOCENTE TEQUILA, whether registered or unregistered, may not be used in connection with any product or service that is not INOCENTE TEQUILA’s. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of INOCENTE TEQUILA trade names, trademarks or service marks without our express prior written consent.
- Third Party Web Sites; Links. The Site may provide links to other web sites and online resources. Because INOCENTE TEQUILA has no control over such sites and resources, you acknowledge and agree that INOCENTE TEQUILA is not responsible for the availability of such external sites or resources, does not endorse and is neither responsible nor liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that INOCENTE TEQUILA does not endorse such sites, and is not and shall not be responsible or liable for, any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
INOCENTE TEQUILA shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
- Limitations of Liability and Disclaimer of Warranties. THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE.
INOCENTE TEQUILA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. INOCENTE TEQUILA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, INOCENTE TEQUILA WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY INOCENTE TEQUILA OR ANY THIRD PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF INOCENTE TEQUILA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS AND USE THE SITE.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at email@example.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
- Indemnity. You agree to defend, indemnify and hold harmless INOCENTE TEQUILA and its directors, officers, employees, affiliates, shareholders, agents licensors, and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with, the Site, or (b) any violation of this Agreement by you or through your account.
- Termination. This Agreement is effective until terminated. You agree that INOCENTE TEQUILA, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation if INOCENTE TEQUILA believes or suspects that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that INOCENTE TEQUILA may immediately bar your further access to the Site. You agree that INOCENTE TEQUILA shall not be liable to you or any third party for any termination of your access to the Site.
- Jurisdictional Issues. The Site is controlled and operated by INOCENTE TEQUILA from the United States, and is not intended to subject INOCENTE TEQUILA to the laws or jurisdiction of any state, country or territory other than that of the United States. INOCENTE TEQUILA does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
- Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of New York and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in New York County, New York. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and INOCENTE TEQUILA. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. INOCENTE TEQUILA reserves the right to assign its rights and obligations under this Agreement in its sole discretion. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and INOCENTE TEQUILA relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and INOCENTE TEQUILA relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in INOCENTE TEQUILA’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the websites Parental Controls Consumer information (http://www.consumer.ftc.gov/articles/0029-parental-controls) and AdGuard Online (https://adguard.com/en/article/adguard-parental-control.html)
- Contact us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to firstname.lastname@example.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
The Site © 2017 INOCENTE TEQUILA. All rights reserved.