Effective Date: January 1, 2017
2. Use License.
Unless otherwise indicated, the Website and all content and other materials on the Website including, without limitation, logos, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the “Website Materials”) are the proprietary property of Cocktails or its licensors and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Website, and to print hard copy portions of the Website Materials, for your educational, non-commercial and personal use only. Such license is subject to these Terms of Service and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:
(a) resell, lease, transfer, lend, timeshare, syndicate or commercially use of the Website or the Website Materials;
(b) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Website or the Website Materials;
(c) distribute, publicly perform or public display the Website or the Website Materials;
(d) modify, adapt, translate, or create any derivative works of the Website, the Website Materials, or any portion thereof;
(e) use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
(f) download, index or in any non-transitory manner store or cache any portion of the Website, the Website Materials, or any information contained therein, except as expressly permitted on the Website;
(g) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Website or the Website Materials;
(h) create or attempt to create a substitute or similar service or product through the use of or access to the Website or the Website Materials, or any proprietary information related thereto; or
(i) use the Website or the Website Materials other than for their intended purpose.
Any use or attempted use of the Website or the Website Materials other than as specifically authorized herein, without the express prior written permission of Cocktails or its licensors, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in Cocktails’ sole discretion.
The materials on the Website are provided on an “as is” basis. Cocktails makes no warranties, express or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions or merchantability, fitness for a particular purpose, or non-infringement or intellectual property or other violation of rights.
Further, Cocktails does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Website Materials or on any sites linked to the Website.
In no event shall Cocktails or its licensors be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Website Materials, even if Cocktails has been notified orally or in writing of the possibility of such damage.
Cocktails has not reviewed all of the website linked to its Website and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by Cocktails of the website. Use of any such linked website is at your own risk.
Cocktails only collects that information which you specifically submit via the Website’s so-called “Contact Form.” The purpose of the Contact Form is for Website users to contact Cocktails regarding business inquiries or other questions regarding the mixology industry and Russell Davis.
The information collected via the Contact Form includes your name, your email address, and any other additional information that you voluntarily include. The foregoing information is referred to herein as the “Personal Information.”
The Personal Information is used by Cocktails and its representatives solely for the purposes of responding to your business inquiry or related questions, unless Cocktails has obtained your consent to use the Personal Information in another way. Cocktails will never share your Personal Information with third parties unless it is necessary for responding to your business inquiry or related questions. Specifically, Cocktails does not sell or trade your name or email address with marketers.
You represent and warrant that any information you provide in connection with your use of the Website or the Website Materials is true, accurate and complete, and that you will maintain and update such information as needed such that the information remains true, accurate and complete. Furthermore, you represent and warrant that any information that you provide in connection with your use of the website or the Website Materials is original to you and will not infringe upon the intellectual property, privacy or other rights of any third parties.
8. Governing Law.