TERMS OF USE

PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS

Welcome to Drinknird.com, a resource for all things drinking related, operated by AM Media Ventures, LLC (hereafter sometimes referred to as "Drinknird," "us," or "our"). By using the Drinknird.com website (the "Website") you agree to be bound by these Terms of Use (this "Agreement". If you object to anything in this Agreement or the Drinknird Privacy Policy, immediately cease all usage of the Website or our Service. This Agreement is subject to change by Drinknird at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute acceptance by you of such changes. These terms of service govern the relationship between you and Drinknird.

Description of the Service. Drinknird provides users with access to a rich collection of resources, including by not limited to, pictures, videos, third party products, online reviews, product reviews, blogs, user-generated-content, personalized content and industry surveys and opinion polls (the "Service"). You also understand that the Service may include certain communications from Drinknird, such as service announcements, administrative messages and survey invitations and that these communications are considered part of Drinknird free registration. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Drinknird properties, shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or air time charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

Beta Services. From time to time, Drinknird may add new features to the Service that are described as "beta" ("Beta Features"). Registrants and Visitors acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Service. If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, Drinknird does not warrant that the Beta Features will be provided with due care. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running your software and/or hardware. Beta Features will be considered part of the Service and all provisions of this Agreement relating to the Service will apply to the Beta Features.

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your relationship to the Service. This Agreement may be modified by Drinknird from time to time, such modifications to be effective upon posting by Drinknird on the Website. This Agreement includes Drinknird's Blog, Drinknird's Privacy Policy, and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all the equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement. If you would like a paper copy, please email info@Drinknird.com. If you request a paper copy of the Agreement, your account will be suspended until you return a signed copy of the paper agreement to Drinknird.

Offensive, Provocative, and Defamatory Content. Personal attacks, defamation, harassment, spam, offensive content, inappropriately aggressive behavior, or other illegal activities are prohibited. Please see our Blog Etiquette for further information about appropriate conduct on our site.

Member Disputes. You are solely responsible for your interactions with other Drinknird Registrants and Members. Drinknird reserves the right, but has no obligation, to monitor disputes between you and other Members.

Proprietary Rights. Drinknird owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Drinknird, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

No Resale or Redistribution of Service. Except as expressly authorized by Drinknird, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service or the Software, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes "Software").

Permissions. It is Drinknird's policy to grant permission to anyone interested in re-publishing our Blog content, on the condition that you give Drinknird written credit and accurately link back to the original Drinknird post. If you are interested in reproducing or using Drinknird Blog content in any way, please contact info@Drinknird.com. In addition to the blog content, please contact info@Drinknird.com to discuss permission to use any other our content on the site.

Copyright Abuse. We respond expeditiously to notices of claimed copyright infringement and terminate users or account holders who are "repeat infringers." Pursuant to the Digital Millennium Copyright Act, we respond to notices of copyright infringement if they conform with the requirements of 17 USC 512(c) by including the following information:
a. The signature of a person authorized to act on behalf of the owner of the infringed copyright;

b. Identification of the copyrighted work or works claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
d. Information reasonably sufficient to permit the us to contact you (e.g., the address, telephone number, or email address);
e. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and
f. A statement signed under penalty of perjury, that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

Notices must be sent to info@drinknird.com.

Privacy. Please see our complete Privacy Policy, which is incorporated into this Agreement. Further, you acknowledge, consent and agree that Drinknird may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Drinknird, its users and the public.

Account Access. You must provide your legal full name, a valid email address, and any other information requested in order to complete subscription process. You must provide a valid email address to become a Registrant. Your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Drinknird cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Age Requirements. This website's content is intended for adults and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to this site, please contact us at info@Drinknird.com immediately. You must be at least twenty-one (21) years of age to use the Service or Access Drinknird.com. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Unauthorized Users. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

Unauthorized Uses. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Drinknird. You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is Drinknird's copyright. You shall not transmit any worms or viruses or any code of a destructive nature. 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 Drinknird for use in accessing the Service. You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for archiving or back-up purposes.

Blocking of IP Addresses. In order to protect the integrity of the Service, Drinknird reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.

Registration and Subscription; Pricing. You may be come a Registrant of the Service at no cost. As a Registrant, you will have the ability to participate in some, but not all, of the features and services available within the Service.

Modifications to Service. Drinknird reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Drinknird shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Reliance on Content, Advice, Etc. Any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. Drinknird does not:(i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Drinknird or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

Disclaimers of Warranties. The Website and the Service are provided "AS-IS" and on an "AS-AVAILABLE" basis. Drinknird expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Drinknird cannot guarantee and does not promise any specific results from the use of the Website and/or Service. You agree that you must evaluate, and bear all risks associated with, the use of any Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Drinknird or submitted to Drinknird. Use of the Website and the Services may result in technical malfunction, delay, mis-delivery, or other problems with other systems, programs, or computer hardware. Drinknird cannot and does not guarantee compatibility with other systems and hardware.

Third-Party Content and Websites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Drinknird may provide links to certain third-party Websites. You acknowledge and agree that Drinknird is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because Drinknird has no control over such sites and resources, you acknowledge and agree that Drinknird is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Drinknird is not in any way responsible for any such use by you. Drinknird encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit.

Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Drinknird be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Drinknird has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to Registrants or Members; or (vi) any inaccurate or out-of-date content produced by the tools or published in the guides or blog, or Website; or (vii) any other matter relating to the Service. Notwithstanding any provision to the contrary, Drinknird's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Drinknird in the twelve (12) months prior to the claimed injury or damage.

Disclaimers and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.

Indemnity by You. You agree to indemnify and hold Drinknird, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Drinknird's or any third party's rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Interstate Nature of Communications on Drinknird Network. When you register or subscribe with Drinknird, you acknowledge that in using Drinknird services to send electronic communications (including but not limited to search queries, sending messages to the Drinknird blogs, uploading files and photos, running Drinknird tools, and other Internet activities), you will be causing communications to be sent through Drinknird's computer networks located in New York, and other locations in the United States. As a result, and also as a result of Drinknird's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. According, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions.

U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Drinknird cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your Membership at any time, for any reason, by telephoning Drinknird during our regular business hours, or by sending Drinknird written notice of termination to Drinknird. Drinknird may terminate your Membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Drinknird. If Drinknird terminates your membership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Drinknird. Drinknird is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Drinknird reserves the right to refuse service to anyone for any reason at any time.

Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Los Angeles County, for the resolution of any such dispute.

Other. The failure of Drinknird to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and Drinknird and govern your use of the Service, superseding any prior agreements between you and Drinknird (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to info@drinknird.com.

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