Description of the Service and Acceptance of Terms of Use

Users of our website (“Site”) are provided with information and services, including access to content, the ability to submit articles, recipes and comments and shopping opportunities (collectively, the “Service”).   Use of the Services (including access to the content) on the Site, features and applications are subject to compliance with these Terms of Use (“Terms of Use” or “Terms”) and any end user license agreement that might accompany a feature or application.

By visiting the Site and using any of the Services, you are agreeing to the Terms, which includes, but is not limited to, complying with and following the Term. Please review the following Terms carefully. If you do not agree to these Terms, you should not use this Site or any feature or application.

The terms “Drinkoftheweek”, “DOTW”,  “us” or “we” refer to the owner of the Site, Drinkoftheweek, LLC. The term “you” refers to the user the Site.

Changes to the Terms of Use

Drinkoftheweek may amend these Terms of Use at any time, and without prior notice, by posting amended Terms of Use on the Site.  Your continued use of the Service indicates your acceptance of the amended Terms of Use.

Access and Use of the Services

Age Limitation. The Services are not intended to be used by children or adults under the legal drinking age in the person’s country of residence.

License. We are pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content for personal, non-commercial purposes as set forth in these Terms.  Your license does not include and you are not allowed to copy, reproduce, distribute, republish, display, post, or transmit any material contained on the Site in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Drinkoftheweek; and b) You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism.

Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms.

Ownership. You agree that Drinkoftheweek owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Drinkoftheweek and its licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.

Responsibilities. You agree to agree that you will not access the Site or use the Services in a way that:

• violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
• uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by DOTW (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
• involves accessing the Services (including the Content)through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
• introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including DOTW’s servers, computer network, or user accounts;
• removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);
• uses the Services to advertise or promote services that are not expressly approved in advance in writing by DOTW
• collects personally identifiable information in violation of DOTW’s Privacy Policy;
• collects information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications
• violates these Terms or any guidelines or policies posted by DOTW;
• interferes with any other party’s use and enjoyment of the Services; or
• attempts to do any of the foregoing.

If we determine, in our sole discretion, that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

Suspension/Discontinuation. We may have to change, suspend, or discontinue – temporarily or permanently – some or all of the Services, with respect to any or all users, at any time without notice. You acknowledge that DOTW may do so in DOTW’s sole discretion. You also agree that DOTW will not be liable to you for any modification, suspension, or discontinuance of the Services.

Links to Third Party Sites and Advertising

Third Party Sites.  The Site may contain links to web sites controlled, owned, and operated by third parties (“Third Party Sites”).  You agree that DOTW cannot control and has no responsibility for the accuracy or availability of information provided on the Third Party Sites. Links to Third Party Sites do not constitute an endorsement or recommendation by DOTW of such sites or the content, products, advertising or other materials presented on such sites, and you access them at your own risk.

Advertisements. DOTW takes no responsibility for advertisements or any third party material posted on any of the Site or in the features and applications, and it does not take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services are between you and the advertiser, and you agree that DOTW is not liable for any loss or claim that you may have against an advertiser.

User Posts and Other Material

User Posts. As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) comments, reviews, recipes and other materials (collectively, “User Material”).   Do not assume the identity of another person when Posting. Additionally, do not Post any materials that you do not own or any harassing, untrue or inappropriate materials.  All Posts are public.

By Posting User Material, you grant DOTW a non-exclusive, perpetual, fully-paid, royalty-free, sublicensable license to use, display, reproduce, distribute, exploit, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material in any way and in any medium, media format and media channel now known or hereinafter created.

Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. DOTW does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of DOTW. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does DOTW assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against DOTW with respect to such User Material.

Termination

You agree that DOTW may, with or without cause, immediately terminate your DOTW account and access to the Service without prior notice if DOTW determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. You agree that DOTW shall not be liable to you or any third-party for any termination of your account or access to the Service.

Copyright Infringement Policy

If you believe that any Content, User Material, or other material provided through the Services, including through a link, infringes your copyright, you should notify DOTW of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to DOTW at jonas [at] drinkoftheweek dot com (subject line: “DMCA Takedown Request”).

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable us to identify and locate the material; (iv) how we can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to jonas [at] drinkoftheweek dot com for purposes other than communication about copyright infringement may not be answered. DMCA Agent information can be found here

DOTW has a policy of terminating repeat infringers in appropriate circumstances.

Disclaimer of Warranties, Limitation of Liability and Indemnity

YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE SITE, ANY FEATURES OR APPLICATIONS, THE CONTENT AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DOTW DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL DOTW OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANAGERS, PARTNERS AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “DOTW PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE DOTW PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICE OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE DOTW PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). DOTW RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND DEFEND ITSELF, ASSUME THE EXCLUSIVE DEFENSE AND/OR CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Choice of Law and Forum

 

These Terms of Use are governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. In the event of a claim by you against DOTW, you agree to submit to the exclusive jurisdiction of the courts located in San Francisco, California. In the event of a claim by DOTW against you, you agree to submit to the jurisdiction of the courts located where DOTW pursues its claim against you, which may include courts in San Francisco, California.

 

Provisions Unenforceable or Invalid

 

If any part of The Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.