TERMS AND CONDITIONS OF USE
Modifications to the Site
SPARKLING TEQUILA reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including but not limited to, content, features or hours of availability. SPARKLING TEQUILA may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
Permitted Users of this Site
This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately.
Copyrights, Trademarks and Other Proprietary or Intellectual Property Rights
The copyrights to all materials, content and lay-out of this Site (including but not limited to text, user and visual interfaces, images, look and feel, design, trademarks, logos, names, audio and video materials, etc. and any underlying software and computer codes) are proprietary to SPARKLING TEQUILA, its parents, affiliates, subsidiaries, or third party licensors, unless otherwise noted. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without SPARKLING TEQUILA’s express prior written consent.
Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property appearing on this Site is owned or licensed by SPARKLING TEQUILA or its parents, affiliates or subsidiaries and may not be used by you without the prior written consent of SPARKLING TEQUILA or the appropriate owner. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Site.
Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
Use of this Site
SPARKLING TEQUILA maintains this Site for your personal entertainment, information and education. You should feel free to browse the Site and you may print or have printed by a third party, or download material displayed or contained on this Site provided that: (i) the material is solely for non-commercial, lawful, personal use only; (ii) all copyright and other proprietary notices contained on the materials are retained; and (iii) such information is not modified, altered in any manner, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with SPARKLING TEQUILA’s express prior written consent. All rights not expressly granted here are reserved to SPARKLING TEQUILA.
You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.
Except with respect to the limited license to download and print certain material from this Site for non-commercial and personal use only, as set forth above in the section entitled “Use of this Site,” nothing contained on this Site shall grant, whether by implication, estoppel, or otherwise, any license or right to use any of SPARKLING TEQUILA’s Proprietary Material. All rights, title and interest in and to all aspects of SPARKLING TEQUILA’s Proprietary Material remain the exclusive property of SPARKLING TEQUILA.
SPARKLING TEQUILA DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, COMPLETE, ACCURATE, TIMELY, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
SPARKLING TEQUILA also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.
Limitation of Liability
In no event shall SPARKLING TEQUILA, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, lost profits, and damages resulting from lost data or business interruption, whether or not advised of the possibility of such damages, that are directly or indirectly related to the use of or inability to use this site and its content, materials and functions thereof whether based on warranty, contract, tort, including but not limited to negligence or otherwise, or any theory of liability whatsoever, even if SPARKLING TEQUILA has been negligent or has been advised of the possibility of such damages. You acknowledge by your use of the Site that your use of the Site is at your sole risk. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the foregoing limitations may not apply to certain users. In no event shall the total liability of SPARKLING TEQUILA to you for all damages, losses and causes of action (whether based in warranty, contract or tort, including but not limited to, negligence or otherwise) arising from this agreement or your use of the site exceed, in the aggregate, $100.00.
You agree to defend, indemnify and hold SPARKLING TEQUILA, its officers, directors, employees and agents (collectively, the “Indemnified Parties”), harmless from and against any and all claims or demands made by any third party, damages, costs and expenses, including but not limited to reasonable attorneys’ fees, arising from or related to your browsing or use of the Site, content you transmit to this Site, your violation of any rights of another, or your breach of the Terms and Conditions of Use. SPARKLING TEQUILA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of SPARKLING TEQUILA.
Communications with this Site
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. SPARKLING TEQUILA will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.
Any communication or material, including but not limited to data, questions, comments, suggestions, remarks, submissions, ideas, concepts, pictures or other information you transmit to the Site by e-mail, posting, uploading or otherwise, will become the exclusive property of SPARKLING TEQUILA and will be treated as, non-confidential and non-proprietary. SPARKLING TEQUILA cannot prevent the “harvesting” of information from this Site, and you may be contacted by SPARKLING TEQUILA or unrelated third parties, by e-mail or otherwise, within or outside of this Site. By transmitting content to this Site, you automatically grant to SPARKLING TEQUILA a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. Anything you transmit may be edited by or on behalf of SPARKLING TEQUILA, may or may not be posted to this Site at the sole discretion of SPARKLING TEQUILA and may be used by SPARKLING TEQUILA or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, SPARKLING TEQUILA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to this Site, you accept that it will not be treated as confidential and may be used by SPARKLING TEQUILA without compensation in any manner whatsoever, including without limitation, reproduction, transmission, publication, marketing, product development, etc.
You agree that SPARKLING TEQUILA has the right, but not the obligation, to monitor, edit, disclose, review, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to bulletin boards, discussion, chats, postings, transmissions, e-mail and other forums. Notwithstanding this right, SPARKLING TEQUILA does not and cannot review all materials posted to the Site by users and SPARKLING TEQUILA assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, SPARKLING TEQUILA may investigate an allegation that content transmitted to this Site is in violation of the Terms and Conditions of Use and determine whether to have the communication removed from this Site. However, SPARKLING TEQUILA is under no obligation to remove content transmitted by third parties from this Site and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
At its sole discretion, SPARKLING TEQUILA may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.
Notices and Disclosures
Except if explicitly stated otherwise, any notices shall be given by e-mail to, in the case of SPARKLING TEQUILA,info@TeQava.com, or, in the case of a user to the e-mail address you provide to SPARKLING TEQUILA. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
Outside United States
This Site is intended for use mainly by U.S. residents of the legal drinking age. SPARKLING TEQUILA makes no claims that the content of this Site is appropriate or may be downloaded outside of the U.S. If you access this Site from outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. A reference to a particular product or service does not imply that SPARKLING TEQUILA intends to make such products or services available in all countries.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by SPARKLING TEQUILA or its affiliates do not imply endorsement of that product, publication or site. SPARKLING TEQUILA has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
United States Governing Law; Void Where Prohibited
This Site shall be governed by, and your browsing in and use of the Site, shall be deemed acceptance of and consent to, the laws of the State of California, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that SPARKLING TEQUILA intends to make such products or services available in such countries. Any offer for any product, feature, service or Application made on this Site is void where prohibited. Your information will be transferred to SPARKLING TEQUILA, located in the State of California, United States, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.
Malicious Code, Hacking and Other Offenses
You must not misuse the Site by knowingly introducing any Malicious Code. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such activity by you to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
We may from time to time provide interactive services on the Site including, without limitation, chat rooms and forums, bulletin boards, music mix rooms, image upload features, interactive drinks functionality and interactive club finder. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will make reasonable efforts to assess any possible risks for users from third parties when they use any interactive service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Any and all material, which you contribute to the Site must comply with the spirit of the following content standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Your contributions must:
Your contributions must not:
This list only serves to provide examples and is not meant to be an exhaustive list of the types of unacceptable uses that may result in the restriction, suspension or termination of your use of the Site.
If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms and Conditions of Use, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or SPARKLING TEQUILA to exercise or enforce any rights or provisions of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms and Conditions of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms and Conditions comprise the entire agreement between you and SPARKLING TEQUILA and supersede all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms and Conditions of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms and Conditions of Use.
If you have any questions about the Terms and Conditions of Use, the practices of or your experience on any part of the Site, please contact us by e-mail at info@TeQava.com.
These Terms and Conditions of Use are effective as of November 9, 2012
Welcome to the TeQava Internet site (this “Site”). We endeavor to protect your personal privacy. We provide this Privacy and Cookie Notice to help you to understand what we may do with any personal information that we obtain from you. By providing your personal information to us, you signify your acceptance of our Privacy and Cookie Notice and agree that we may collect, use, and disclose your personal information as described in this Privacy and Cookie Notice. If you do not agree to this Notice, please do not provide your personal details to us. This Privacy and Cookie Notice is incorporated into, and is part of, the Terms and Conditions of Use that govern your use of this Site in general. We will use your information only for the purposes set forth below.
We may need to update this Privacy and Cookie Notice from time to time. We recommend that you check this page regularly to ensure that you have read the most recent version.
Do not provide us with your personal information if you are not of legal age to purchase alcohol in the jurisdiction in which you reside and (if different) in the jurisdiction in which you are accessing this site. We do not intend to collect personal information from any individuals under the legal purchase age, or to market alcoholic beverages to anyone under the legal purchase age. If we receive notice or believe that someone under the legal purchase age has provided us with personal information we will make every reasonable effort to remove such personal information from our files, or to flag such personal information and (to the extent permitted by law) retain it for the sole purpose of ensuring that it is no longer used. Personal information is information about an identifiable individual, as defined by applicable law.
Information Collected At This Site
There are 2 types of information that we can learn about you as you browse and use this Site. Each type of information can be used in a different way.
Internet-Related Information Gathered Passively
We collect Internet-related Information from visitors to our Site, including the referring URL, your IP address, which browser you used to come to the Site, the country, state or province, the pages of our Site that you viewed during your visit, for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our Site. We track customers’ traffic patterns throughout their online sessions, including which pages or specific URLs a customer views while using the Site. We use your Internet-related Information to diagnose problems with our servers and software and to administer our Site. We may share aggregated statistics about pages viewed on our Site, demographic information and sales and other shopping information with third parties to enrich your visitor experience.
Actively Collected Personal Information You Provide
If you provide information about yourself by registering on a page, ordering product, filling out a survey, entering a promotion (including contests, sweepstakes, offers and rebates) or otherwise voluntarily telling us about yourself or your activities, we will collect and use that Personal Information to respond to your request, and for other business purposes, including identifying consumer preferences and improving our products and services and the content of this Site. We may also contact you by email, regular mail, fax, text message, or telephone from time to time with information about our new products and services, special offers, upcoming events and changes to this Site. If you do not wish to be contacted by all or any of these methods, you may let us know by sending an email message to us at our “contact page” on our site, TeQava.com. Please be sure to give us your exact name, email address and your phone number and your detailed request so we can respond appropriately.
How To Access Or Modify Your Personal Information
You have the right to access and modify your Personal Information. You can access and change your Personal Information by contacting us at info@TeQava.com. Your Profile will be updated.
Like many other websites, we use “cookies” to help us gather and store information about visitors to our websites.
A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are.
A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a value, usually a randomly generated unique number.
Types of cookies which may be used on this website
You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled.
There are a number of ways to manage cookies. Please refer to your browser instructions or help screen to learn more about these functions. For example, in Internet Explorer, you can go to the Tools/Internet options/Security and Privacy Tabs to adapt the browser to your expectations. If you use different computers in different locations you will need to ensure that each browser is adjusted to suit your cookie preferences. Some modern browsers have a feature that will analyze website privacy policies and allow a user to control their privacy needs. These are known as ‘P3P’ features (Privacy Preferences Platform).
You can easily delete any cookies that have been installed in the cookie folder of your browser. For example, if you are using Microsoft Windows Explorer: • open ‘Windows Explorer’ • click on the ‘Search’ button on the tool bar • type “cookie” into the search box for ‘Folders and Files’ • select ‘My Computer’ in the ‘Look In’ box • click ‘Search Now’ Double click on the folders that are found • ‘Select’ any cookie file • hit the ‘Delete’ button on your keyboard
If you are not using Microsoft Windows Explorer, then you should select ‘cookies’ in the ‘Help’ function for information on where to find your cookie folder.
If you provide us with your consent, we may share your Personal Information with our affiliates and business partners with whom we have joint marketing arrangements. We may also give you the opportunity, at the time that you provide us with your contact information, to have your information shared with other third parties or posted on this site for reasons we will describe at the time we make the request. If you do not want us to share your Personal Information with our marketing affiliates and business partners, then please let us know by contacting us at info@TeQava.com
We may employ other companies to perform certain functions on our behalf, such as fulfilling orders, delivering packages, and services related to the design, maintenance and improvement of this Site and our database and related systems. These companies will have access to your information. Regardless of whether you have provided us with consent, we will share your information with those companies that perform certain functions on our behalf under contract to us, and as may be necessary to comply with applicable laws, police investigations, or in legal proceedings where disclosure of such information is relevant and permitted by law. By providing any personal information to us, you fully understand and clearly consent to such use and transfers as set out in this Privacy and Cookie Notice.
Public (or Interactive) areas of our website
Information that you post on or through the public areas of the site (e.g., chat rooms, bulletin boards, discussion groups, or Social Networking modules) generally is accessible to, and may be collected and used by, others, and may result in unsolicited messages or other contact from others. You should not provide personal information about yourself in public (or interactive) areas of the site. Such personal information is not covered under this Privacy and Cookie Notice.
Links To Other Websites
Where Do We Store And How Do We Secure Your Personal Information
We take security seriously and take precautions to keep your personal information secure. We have put in place appropriate physical, electronic, and managerial procedures to safeguard the information we collect. However, we have no control over the privacy of any communications while it is in transit to us or the unauthorized acts of third parties. We therefore recommend that you not include confidential, proprietary, or sensitive information in any such communications.
In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If such a notification is appropriate, we will endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your email address, we may notify you by email.
Unsubscribe, Access, Questions Or Concerns About Your Information, Or If You Need To Contact Us
This policy is effective as of November 9, 2012.