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Terms of Use

Drinks86 Terms of Use


Definitions

"You" refers to the user of this website and it's related services. You have gained the right to use this website by respeciting the applicable Terms of Use described in detail below.

Jason Prince ("Prince") is the exclusive owner and operator of drinks86.com (the "Website").

As used in this Agreement, "we" and "us" means Prince or any heir, executor, successor or assign of Prince.

"Service(s)" refers to your use of drinks86.com for any purpose whatsoever.

Overview

This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions which apply to your use of the drinks86.com website and all services offered by us in connection therewith. By using the Website you are indicating that you agree to be bound by all of the terms in this Agreement. Please print and keep a copy of this Agreement for your records.

We reserve the right, at any time, to change or modify the terms and conditions applicable to your use of the Website. Such changes will become effective upon notification, which we may effect by posting a revised Agreement on this website, which you can access at any time using the "Terms of Use" link. Your continued use of our service after notification of such a change shall be deemed to constitute acceptance by you of any such changes, modifications, additions or deletions. You agree to review this Agreement periodically to be aware of any such revisions.

Eligibilty

This Website is not intended for children. You must be 18 years of age or older and of legal drinking age to visit or use this Website in any manner. By visiting drinks86.com, you represent and warrant to us that you are 18 years of age or older and of legal drinking age and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to us that you will use this Website in a manner consistent with any and all applicable laws and regulations.

Privacy of Information

The Personal Information Protection Act ("the Act") regulates the way private sector organizations within Ontario, Canada collect, use, keep, secure and disclose personal information. "Personal Information" means all information about an identifiable individual. We recognize the importance of privacy and recognize the sensitivity of personal information received by us in the course of offering our service.

We recognize our professional obligation to maintain the confidentiality of our users' information, and recognize our obligations concerning the personal information of all individuals that we collect, use or disclose in our practice. This policy has been developed with those obligations in mind.

We collect personal information from you in order to respond to your inquiries and requests and post your comments. We will not use or disclose your personal information for purposes other than those described in this policy.

We may also use third-party companies to provide various services (including but not limited to advertising) when you use this Website. If you use those services, the internet protocol address (IP address) of the computer you are using may be disclosed to those third-party companies, and we may use information provided and/or made available to us (including via your Facebook account) to display relevant ads to you. We are not responsible for the privacy practices of these third-party companies or any other external websites linked to this site. We encourage you to read the privacy statements of these other websites when you leave our Website.

You acknowledge, consent and agree that we may access, preserve and disclose your personal information and content provided by you and others and may disclose content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property or personal safety of us, our users and the public.

If we change our privacy policy, we will notify you via email if we have your email address on file or via a posting on the Website.

If you have and questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact our Privacy Officer at: info@drinks86.com.

By using this Website you acknowledge that:

(a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liablilty in connection with the use of such information by other parties;

(b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and

(c) we cannot assume any responsibilty for the content of messages posted by other users of the Service, and you release us from any and all liability in connection with the contents of any communications posted by other users. We cannot guarantee, and assume no responsibilty for verifying, the accuracy of the information provided by other users of the Service.

You may not use the Service for any unlawful purpose. If you use this Service unlawfully we will pass along all information to law enforcement.

Except as disclosed herein, we do not share any personal information with third parties, and we do not send advertising to our members.

User Agreement

This Agreement constitutes your agreement with us with respect to your use of the Service. By using this Website you agree to abide by all of the terms and conditions contained in this Agreement.

Right To Use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Code Of Conduct

You agree to use the Service in accordance with the following Code of Conduct:

(a) you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which are unlawful, threatening, abusive, harassing, tortious, vulgar, hateful, libelous, slanderous, abusive or defamatory statements, pornographic, obscene, or offensive socially or otherwise;

(b) you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;

(c) you will not use the Service to impersonate another person;

(d) you will not post messages, pictures or recordings or use the Service in any way which

i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or

ii. is fraudulent or otherwise unlawful or violates any law;

(e) you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;

(f) you will not use the Service to distribute or upload any virus, trojan horses or do anything else that might cause harm to the Service, our systems or to other third party systems in any way;

(h) you will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, full names, through your publicly posted information.

Conduct

Information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials shall hereafter be collectively referred to as "Content", whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. We do not control the Content posted by users of this Website and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss of damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to use the Service in a courteous and co-operative manner, and so as to not abuse the Service or the custom and user etiquette in place from time to time. You agree that you will not use the Service so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, you also agree not to do any of the following:

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) you will not harm minors in any way;

(c) you will not impersonate any person or entity, including falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) you will not impersonate, forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

(e) you will not use the Service to upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) you will not use the Service to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

(g) you will not use the Service to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;

(h) you will not use the Service to disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(i) you will not use the Service to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(j) you will not use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;

(k) you will not use the Service to "stalk" or otherwise harass another;

(l) you will not use the Service to engage in deceptive marketing or advertising practices;

(m) you will not use the Service to collect or stor personal data about other users;

(n) you will not use the Service for the purpose of data mining or extracting content from the Service beyond your personal end use.

Processing and Transmission

You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Especially, you agree to comply with all applicable laws regarding the transmission of data exported from Canada.

Public Content Posted to the Website

(a) For purposes of these terms of use, "publicly accessible areas of the Service" are those accessible by the general public.

(b) With respect to all Content you elect to post to publicly accessible areas of the Service, you grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) world wide and/or incorporate it in other works in any form, media, or technology now know or later developed.

Monitoring of Information

We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.

Removal of Information

While we do not and cannot review all material posted by users of the Service, and are not responsible for any content of materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation, public postings, that we, in our sole discretion, deem to violate the Code of Conduct set out above or in any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of public postings, messages and other materials you may upload to the Service.

Termination of Access to Service

We may, in our sole discretion, terminated or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of the Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

No Responsibility

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.

External Links

The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of the availability of External Links or their contents. We suggest that you review the terms of use and privacy statements of such External Links prior to using them.

Our Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, whether or not applied for. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Service or the Software, in whole or in part.

We grant you a personal, non-transferable and non-exclusive right and license to use the object code of it's Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

Making Claims of Copyright Infringement

If you believe that any material or content distributed by us constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our Website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, it's agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Disclaimer of Warranties and Limitation of Liability

DRINKING OF ALCOHOLIC BEVERAGES SHOULD BE DONE WITH CAUTION AND IN MODERATION AND IN COMPLIANCE WITH ALL APPLICABLE LAWS.

DRINKING OF ALCOHOLIC BEVERAGES MAY POSE A RISK OF HARM TO YOUR HEALTH AND POSSIBLY THE HEALTH OF OTHERS.

PREGNANT WOMEN AND NURSING MOTHERS AND THOSE WITH CERTAIN OTHER MEDICAL CONDITIONS SHOULD AVOID THE USE OF ALCOHOL. CONSULT YOUR DOCTOR.

YOU UNDERSTAND AND AGREE THAT YOU USE DRINKS86.COM AND IT'S RELATED SERVICES AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON DRINKS86.COM. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY US IS OBTAINED, THERE MAY BE BELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY US, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL PRINCE, HIS EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR HEIRS, EXECUTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY US AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE OUR SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE DRINKS86.COM WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 CANADIAN DOLLARS.

THE WEBSITE MAY CONTAIN TECHNICAL AND/OR TYPOGRAPHICAL ERRORS.

WEBSITE INFORMATION, EXCLUSIVE OF THESE TERMS OF USE AND OUR PRIVACY POLICY MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

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