Effective Date: June 1, 2016
Modifications. We reserve the right to change the terms of this User Agreement or to modify any features of this Service at any time without notice to you, and you agree to be bound by such changes. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted on the Site. The most current version of the User Agreement can be viewed at any time on the Site. Your use of this Service constitutes your agreement to all such terms, conditions and policies. Unless explicitly stated otherwise, any new features or functionality that change the Site shall be subject to this User Agreement. Bottlenotes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or Site (or any part thereof) with or without notice. You agree that Bottlenotes shall not be liable to you or any third party for any such modification, suspension or discontinuance.
Eligibility. The Site discusses, promotes and encourages the consumption of alcoholic beverages and, as such, Bottlenotes strongly suggests that Users are age 21 or over in order to use the Site and the Services. While Bottlenotes cannot restrict you from browsing the Site, Bottlenotes hereby disclaims any and all liability arising out of any claim that Bottlenotes has advertised, promoted or encouraged any User under the age of 21 to buy and/or consume alcohol. If you are younger than age 21, you are not authorized to submit any content or information to the Site without the explicit consent of your parent or legal guardian. Further, you must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to use the Site and Services. If you are under the applicable age, you can use the Site under the supervision of your parent or guardian who has agreed to the User Agreement. However, you must be 13 years or older to use the Site in compliance with the Children's Online Privacy Protection Act (COPPA). If you do not qualify, please do not use the Site or Services. The Site and Services are administered in the United States and are intended for US users. Any use outside of the United States is at the user's own risk and international users are responsible for compliance with local laws.
Use Restrictions. Subject to the Restrictions on Rights to Use (defined below) in this User Agreement, Bottlenotes hereby grants you permission to use the Site and Services, provided that:
- your use of the Site as permitted is solely for your personal, non-commercial use,
- you will not copy or distribute any part of the Site;
- you will not alter or modify any parts of the Site, and
Furthermore, you shall not ( a-k below make up the “ Restrictions on Rights to Use”):
- modify, translate or reverse engineer any portion of the Site or Services;
- launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. except for operators of public search engines using spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bottlenotes reserves the right to revoke these exceptions either generally or in specific cases;
- collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
- create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or otherwise interfere with other user's or member's enjoyment of the Site and/or Services;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any content offered on the Site for other than your own use; nor
- use any device, software or routine that interferes with the proper working of the Site and/or Services.
User Submissions. Users may submit comments and/or other content to the Site ("User Submissions"). Bottlenotes does not guarantee any confidentiality with respect to User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
- you own or have the necessary licenses, rights, consents, and permissions to use and authorize Bottlenotes to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service; and
- you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and this User Agreement.
In connection with User Submissions, you further agree that you will not:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Bottlenotes all of the license rights granted herein;
- publish falsehoods or misrepresentations that could damage Bottlenotes, its affiliates or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post advertisements or solicitations of business; nor
- impersonate another person.
Bottlenotes does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Bottlenotes expressly disclaims any and all liability in connection with User Submissions. Bottlenotes reserves the right to remove User Submissions without prior notice. Bottlenotes further reserves the right to decide whether User Submissions are appropriate and comply with this User Agreement and may remove such User Submissions and/or terminate a User's access for uploading such material in violation of this User Agreement at any time, without prior notice and at its sole discretion. Bottlenotes is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Submission and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bottlenotes with respect thereto, and agree to indemnify and hold Bottlenotes, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Bottlenotes, you hereby grant Bottlenotes a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Services. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under this User Agreement.
Intellectual Property. The Site (including, without limitation, text, photographs, graphics, video and audio content) and the trademarks, service marks and logos contained therein ("Marks") are owned by Bottlenotes and/or protected by copyright under the intellectual property rights laws of the United States. All individual articles, content and other elements comprising this Site are also copyrighted works (with the exception of User Submissions). Neither you nor any third party shall make use of the contents of the Site or Service in any manner that constitutes an infringement or misappropriation of Bottlenotes’ rights.
Indemnification. You agree to indemnify and hold harmless Bottlenotes and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation by you of this User Agreement. Bottlenotes reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
No Warranty. THE SITE AND SERVICE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE OR SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SITE OR SERVICE OR AVAILABLE THOUGH LINKS THEREIN. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE OR SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SITE AND SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THEY OR MATERIALS THAT MAY BE DOWNLOADED FROM THEM DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THIS SITE OR SERVICE AND ANY MATERIALS AVAILABLE THROUGH THE SITE OR SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK. THIS SITE OR SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY BOTTLENOTES OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY BOTTLENOTES AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
Third Party Services. We are not responsible for the availability or content of other services that may be linked to this Service. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that Bottlenotes nor its affiliates shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
Limitation of Liability. Under no circumstances is Bottlenotes or its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site or Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service or on the Site (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of the Site. This Agreement shall be governed by the laws of the United States and the State of Illinois, applicable to agreements made and to be performed therein without regard to conflict of laws principles.
BY CONTINUING TO USE THE SITE OR SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.