Terms Of Service
Your use of the website www.craftspiritsxchange.com, which shall include, without limitation, the home page, splash page, and all other pages under the same domain name, and all content thereon (the “Site”) as provided by CRAFT SPIRITS EXCHANGE, INC (“CRAFT SPIRITS EXCHANGE”, “CSX” or “we”) shall be governed by the following terms and conditions of use (the “Terms and Conditions”).These Terms and Conditions may change from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or use the Site in any way. By using the Site, you agree to be bound by any such modifications to the Terms and Conditions.
Community Reviews and Comments
1. By submitting content to this Site by email, postings on this Site or otherwise, including any product reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant CSX and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that CSX may choose to provide attribution of your comments or reviews at our discretion. You further grant CSX the right to pursue at law any person or entity that violates your or CSX’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
2. This Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Site ("Interactive Areas"). If CSX provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Site any of the following:
Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including CSX;
Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
Content or links to content that, in the sole judgment of CSX, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Site, or (d) which may expose CSX or its affiliates or its users to any harm or liability of any type.
3. CSX takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is CSX liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, CSX is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although CSX has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, CSX reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Site at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Site at your sole cost and expense.
4. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by CSX or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release CSX , and its licensees, successors and assigns, from any claims that you could otherwise assert against CSX by virtue of any such moral rights.
5. Any use of the Interactive Areas or other portions of this Site in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Site.
Privacy and Security
1. By using this Site, you represent you are qualified and authorized to use this Site under the account registered. You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable.
2. You agree to be solely responsible and liable for any and all activities that occur under your account. You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. If you become aware of any unauthorized use of account information, you agree to immediately contact us at team@drinkcsx.com.
3. You acknowledge that you have read, understood and will comply with the terms of our privacy policy and these Terms and Conditions.
Orders
1. By placing an order, you represent that you are 21 years of age or older and you authorize our Vendors to act on your behalf to engage a common carrier to deliver your order where you want it delivered. You acknowledge and represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner. Sales by certain Vendors are made at the premises of the Vendor and title passes to you at the premises of the Vendor. If you have any questions regarding where a sale is being made, please contact team@drinkcsx.com before purchasing the product. CSX and our Vendors make no representation as to the right of any person to import any product in to any state. Some state regulations require a business address for shipment and in those states, you represent that the address you have provided is a business address.
2. Each product or service listed on CSX is an invitation to make an offer and not an offer to purchase such product or service. CSX has and will continue to build a network of independent vendors, retailers, manufacturers and other licensed parties (collectively, “Vendors”) who sell the products and services available on the Site. You acknowledge and agree that CSX does not sell, offer to sell, invite to sell, or solicit any offers. If you wish to purchase any product or service made available by a Vendor, you may be asked to supply certain information relevant to the purchase including, without limitation, your credit card information, your billing address and your shipping information. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilized in connection with any transaction. IN ALL INSTANCES, ALL SALES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE AND DELIVERED BY VENDORS WHO RECEIVE ALL ORDERS. By submitting such information, you grant to CSX and to Vendors the right to provide such information to third parties consistent with our privacy policy and their privacy policies. If you have any questions regarding a Vendor’s privacy policy, please con before submitting an order.
3. The pricing information displayed on CRAFT SPIRITS EXCHANGE is based on pricing information available to us and provided to us by our Vendors. We make no representation or promise as to the reliability or accuracy of such information. As such, a small number of the items on our Site may be mispriced. If an item’s correct price is higher than the stated price, we will either contact you for instructions before shipping or cancel your order and notify you of such cancellation, at our discretion.
4. Any packages that are unable to be delivered by our common carriers will be returned to the Vendor at your expense. We will refund to you any product costs less shipping costs.
5. All invitations to make an offer for a product featuring free shipping are invitations to make an offer for a product that includes the cost of shipping in the price of such product.
6. The products and services sold on this Site are sold by the Vendors and subject to their privacy and shipping policies. Due to state regulations, our Vendors are unable to accept the return of any product purchased by a customer in error.
Community Members
1. By use of the Site, you agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree to use this Site only for personal purposes. You agree to have no more than one account and to not sell, trade or transfer that account to any other person.
2. CSX reserves the right to cancel or terminate your account for any violation of our Terms and Conditions. Any fraudulent behavior, including but not limited to, creating multiple accounts, spamming, use of profanity or abusive language or personal attacks, either on CSX or to CSX, our Vendors or any third party, will constitute a violation of these terms.
3. You agree you will not access CRAFT SPIRITS EXCHANGE by any other means other than through the interface provided. Additionally, you agree that you will not interfere with or disrupt the Site or any of the services provided by CRAFT SPIRITS EXCHANGE.
4. You may be required to provide information about yourself as part of the registration process or as part of your continued use of the Site. You agree that any registration information you give to CRAFT SPIRITS EXCHANGE will always be accurate, correct and up to date.
5. You must be 21 years of age or older to access or otherwise use this Site. Persons under 21 years of age are prohibited from using this Site in any way. If you consider any material on this Site to be inappropriate or offensive, please do not visit this Site.
6. By using the Site, you agree that you will not copy, sell, barter, reproduce or trade any information you access on CRAFT SPIRITS EXCHANGE.
7. By use of the Site, you agree that CSX has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach. You also agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage CRAFT SPIRITS EXCHANGE may suffer.
Intellectual Property
1. All materials (the “Materials”) including but not limited to images, product descriptions, articles, interviews, recipes, that you have access to may be protected by the intellectual property rights of CSX, our Vendors or third parties. You should not and may not modify, lease, rent, claim or distribute such Materials without the express written consent of the owner of such Materials.
2. We do not grant any license or other authorization to any member of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site except as provided herein. We give you a personal, royalty-free, non-assignable and non-exclusive license to use the Site as provided to you by CSX. This license is for the sole purpose of enabling you to use and enjoy the Site as provided in the manner permitted by these Terms and Conditions.
3. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. As between you and CSX, we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. If you make other use of the Site, except as otherwise provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
4. Unless specifically requested, CSX does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to CSX will be deemed not to be confidential or secret. By submitting or sending information or other material to CSX you represent and warrant that the information is original from you and that no other party has any rights to the material. By submitting or sending information or other material to CSX you grant CSX the royalty-free, unrestricted, worldwide, 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 material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived.
DISCLAIMER OF WARRANTIES
1. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CSX DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CSX MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CSX OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
2. ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.
LIMITATION OF LIABILITY
1. IN NO EVENT SHALL CSX OR ANY OF ITS VENDORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS SITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF CSX OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:
• ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SITE;
• YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE;
• YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION; AND
• ANY CHANGE MADE BY CSX TO OUR SITE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Advertising
1. The Site may be supported by advertising revenue. These advertisements may be targeted to members based on their membership history.
2. The manner, mode, and extent of advertising by CSX is subject to change without notice.
3. In consideration for granting you access to and use of the Site, you agree that CSX may place such advertising on the Site.
Third-Party Links
Links to Linked Sites do not constitute an endorsement by or association with CSX of such sites or the content, products, advertising or other materials presented on such sites. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (“Linked Sites”). CSX does not author, edit, or monitor these Linked Sites. You acknowledge and agree that CSX is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
Other Items
1. You acknowledge and agree that CSX may update these Terms and Conditions or notify you of changes to the Site by email, regular mail, or updates to the Site. Your continued use of this Site indicates your acknowledgement and acceptance of these Terms and Conditions.
2. These Terms and Conditions constitute the whole legal agreement between you and CSX and govern your use of the Site and completely replace all prior agreements between you and CSX in connection with the Site.
3. You acknowledge and agree that each subsidiary and affiliate of CSX shall be third party beneficiaries to the Terms and Conditions and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms and Conditions which confers a benefit upon them. No other party shall be a third party beneficiary of the Terms.
4. The Terms and Conditions and the relationship between you and CSX shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You and CSX agree that any cause of action, dispute or claim that may arise between you and CSX shall be commenced and be heard in binding arbitration only. You agree that you and CSX are each waiving the right to trial by jury or to participate in a class action. You and CSX agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you and CSX agree that an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. These Terms and Conditions evidence a transaction in interstate commerce, and thus, the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms and Conditions.
5. You and CSX each agree to submit to the personal and exclusive jurisdiction of an impartial arbiter located within New York County in the State of New York. Notwithstanding any other provision herein, you agree that CSX shall still be allowed to apply for injunctive remedies (or the equivalent type of urgent legal relief) in any jurisdiction.
6. The failure of CSX to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
7. We control and operate this Site from our offices in Florida. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. When you use this Site, you may purchase a service or product that is provided by another person or company. Your use of these other services and products may be subject to separate terms between you and the company concerned. If so, the Terms and Conditions do not affect your legal relationship with these other companies or individuals.
9. You acknowledge and agree that CSX may terminate providing any services or the legal agreement between you and CSX for any reason at any time. If at any time, the relationship between CSX and you ends, the provisions in these Terms and Conditions set forth in this “Miscellaneous” chapter shall continue to survive (including the provisions related to arbitration and venue) and shall be unaffected by the cessation.