TERMS OF USE
Last Updated: February 2021
Welcome to https://lawswhiskeyhouse.com (collectively, the “Site”). Gargoyle Enterprises, Inc. doing business as Laws Whiskey House (“Laws” or “our” or “we” or “us”) provides our visitors (“You” or “Your”) with access related to our products and services concerning alcoholic beverages, generally, which may include without limitation content such as information, drink recipes, audio and video clips, photographs, graphics, images, text, data, event information, links to third party websites, user comments, commentary, articles, opinions, postings and messages. Your use of Laws’s Site or services offered through the Site (referred to collectively as the “Services”) is subject to these terms of use (these “Terms”) as amended from time to time and form a binding agreement between you and us. Please review the following terms carefully. Each time you access the Site or use the Services, you are agreeing to be bound by these terms. The Laws Privacy Policy, available at [https://www.lawswhiskeyhouse.com/privacy-policy, is incorporated into these Terms and together may be referred to as the “Agreement”.
If you are under 21 years of age or do not accept these Terms in their entirety, please leave the Site immediately.
We may change the terms of the Agreement from time to time. We will notify you of any material changes by posting notice of the changes on the Site. Any such modifications become effective upon your continued access to and/or use of the Site or Services after we post notice of such modifications. It is your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms. We reserve the right to discontinue the Site or Services with or without notice to you. Despite our efforts to provide useful and accurate information, errors may appear from time to time. We do not warrant that the Site and its content is accurate, complete, reliable, current, timely or useful.
- User Consent – By using the Site or the Services, you represent and warrant that you are at least 21 years old, you have the right, authority and capacity to enter into this Agreement, and you will abide by all of the terms and conditions of this Agreement.
- Privacy – Please review our Privacy Policy at [HTTPS://www.lawswhiskeyhouse.com/privacy-policy] to understand our practices regarding privacy.
- Electronic Communications – you agree to receive communications from us electronically (via e-mail or via text). you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any and all legal requirements that such communications be in writing.
- Profile – When you set up a profile with us, you are required to select a password. You may not transfer or share your password with any third parties, and you are solely responsible for maintaining the confidentiality of your password. If someone accesses our Site or Services using your password and profile, we will rely on the password and profile and assume it is you who is accessing the Site and using our Services. You agree to be responsible for any act or omission of any users that access the Site or Services under your profile. You agree not to register for more than one profile or register for a profile on behalf of any group or entity.
- Applicable Promotions – Any prize draws, contests, or similar promotions made available through this Site may be governed by specific rules that are separate from these Terms. By participating in any such prize draw, contest, or promotion you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. Laws urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Privacy Policy, which, in addition to these Terms, will govern any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control.
- Copyright & Trademarks – The Site, the Services, and the content therein are intended for your non-commercial and private purposes only. Unless otherwise noted, all content on the Site and in the Services, including text, graphics, logos, button icons, images, audio clips, software, and code (the “Copyrighted Content”), is the property of Laws or a third party and is protected by United States and international copyright laws. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos (the “Marks”) of Laws or other entities. You are not authorized to use any such Marks. Any use of third party software provided in connection with the Site or Services may be governed by such third parties’ licenses. Ownership of all such Marks and Copyrighted Content and the goodwill associated therewith remains with us or those other entities. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Copyrighted Content or the Marks. Downloading or copying Site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us and any other copyright owner. You may not frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our, or any third party’s, names or trademarks, without our express written consent.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission of your content in using the Services or on the Site. All rights not expressly granted herein are reserved.
- User Content – Unless indicated otherwise, when you submit material on our Site (“Content”), you grant Laws a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You also grant Laws and its sub-licensees the right, but not the obligation, to use the name that you submit with such Content. You represent and warrant that you own, control or are lawfully authorized to use the Content, it is accurate and that you will not post or use any Content in any manner that:
- Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- Violates the privacy, publicity, or other rights of third parties;
- Violates any law, statute, ordinance or regulation;
- Is false or inaccurate or becomes false or inaccurate at any time;
- Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
- Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Misrepresents your identity in any way;
- Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Advocates or encourages any illegal activity; or
- Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
- Pricing, Site Errors, or Omissions – Pricing or other errors or omissions may occur on the Site from time to time. Laws attempts to correct all pricing and other errors or omissions as soon as they are discovered, or as soon as we receive notice of an error. We reserve the right to cancel any promotions or offers containing pricing or redemption value errors or other errors, with no further obligations to you, even after your receipt of a confirmation from Laws.
- General Rules of User Conduct – You agree not to, and represent and warrant that you will not (i) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, (ii) use of the Site or Services or access to the Site or Services for any purposes other than that for which the Site or Services are being provided to you, or (iii) do any of the following:
- Conduct or promote any illegal or unethical activities while using the Site or Services;
- Upload, distribute or print anything that may be harmful;
- Attempt to reverse engineer or jeopardize the correct functioning of the Site or any applicable Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site or any applicable Services;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code or other similar harmful or deleterious programming routines;
- Use, allow or enable the Site or Services to generate unsolicited email advertisements or spam;
- Use the Site or Services to stalk, harass or harm another individual;
- Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
- Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey or violate any requirements, procedures, policies or regulations of networks connected to the Site or Services;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
- Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
- Protecting Children – This Site is not directed toward children under the age of 13, and we do not knowingly collect any personal information from children under the age of 13. If you are between the ages of 13 and 18, please ensure that you use this Site only with the permission of a parent or guardian. If a child under 13 provided this Site with personal information, we ask that a parent or guardian contact us at info@lawswhiskeyhouse.com.
- International Users – Laws makes no claims that the Services are appropriate or may be downloaded outside of the United States. Access to the Site may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content related to the Services or Site.
Your personal information (“Information”) that is submitted to this Site will be handled in accordance with applicable U.S. law. If you are a non-U.S. user, you agree that Laws may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site. If you have already provided us with Information, please contact us at info@lawswhiskeyhouse.com and let us know how you would like us to handle such Information.
- Links to Third-Party Sites – When you visit a website to which Laws provides a link, please be aware that you will be interacting with a third party that operates under its own privacy policy and terms of use, not with Laws. If you choose to access, use and obtain services through a third party site, that third party’s privacy policy and terms of use governs the collection of your information. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from our Site because these third party sites are owned and operated by independent entities. We encourage you to review the privacy policies and terms of use of any other service provider whose site you access and use and from whom you request services.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
- Suspension/Termination/Removal of Content – You agree that we, in our sole discretion, may immediately suspend or terminate your access to the Site and Services at any time, for any reason, without notice or refund. SUSPENSION OR TERMINATION WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO Laws OR A THIRD PARTY. Additionally, you agree that we, in our sole discretion, may immediately and without to you remove any Content You submit on the Site or through the Services.
- Reliance on Information Posted – The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Laws, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Laws. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on the Site or provided through the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site or provided through the Services may be out of date at any given time, and we are under no obligation to update such material.
- Disclaimer of Warranties – Except as otherwise expressly stated by Laws on the Site, we are not affiliated or associated with operators of any third party websites that link to or are linked from the Site. Laws expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Site. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the Site because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card or other payment card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Laws shall have the right, at any time and at its sole discretion, to block links to the Site through technological or other means without prior notice.
- Limitation of Liability –
Subject to Section 17 (Indemnification), Laws, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of Law’s companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, including without limitation negligence, contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site. Nothing in these Terms shall limit Law’s liability for: (a) death or personal injury caused by the proven negligence of Laws, its directors, agents, officers or representatives; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be excluded or limited by law.
- Indemnification – You agree to indemnify, defend and hold harmless Laws, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any of your Content and/or information that you submit, post or transmit through the Site or Services, (b) your use of the Site or Services, (c) your violation of the Agreement, (d) your violation of any rights of any other person or entity or (e) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines entered by you into the Site or Services.
- Applicable Law – You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and Services and your purchase of products or use of Services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. If we become aware of any potential or suspected violation of these Terms or of our Privacy Policy we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend access or services to any user being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Agreement could be subject to criminal or civil penalties. The Terms and the relationship between you and Laws shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions.
The failure of Laws to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of this Site, the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Notice – We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing at info@lawswhiskeyhouse.com
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: info@lawswhiskeyhouse.com