Please read the following Terms carefully before using any of Mingle Beverage Company, LLC's and its affiliates' (collectively, "Mingle Beverage Company," "Mingle Mocktails," "our," "us" or "we") websites, including, but not limited to, the www.minglemocktails.com website, and third-party social media sites, as well as any mobile applications, online features, services and/or programs offered by us (collectively, the "Website"). By accessing or using the Website, you agree to the following Terms. You should review these Terms regularly as they may change at any time at our sole discretion. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. "Content" refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Website, other than User Content, which is discussed in Paragraph 8.
We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).
- Convenience and Information Only; Acceptance of Terms.The Website is provided to you without charge as a convenience and for your information only. By merely providing access to the Website, we do not warrant or represent that: (a) the Content and/or the User Content is accurate, complete, up-to-date or current; (b) we have any obligation to update any Content and/or User Content; (c) the Content and the User Content are free from technical inaccuracies or typographical errors; (d) the Content and/or User Content do not infringe on the intellectual property rights of any third party; (e) the Content and/or the User Content are free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Website is accurate or complete.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
- Site Use and Content. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without our express, prior written consent. At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services described in these Terms. You are prohibited from accessing any portion of the Website for which you do not have proper access.
- User Account.
(a) User Account. For certain types of features available through the Website (for example, to post comments to the Website), you may be required to create an account ("User Account") at www.Mingle Mocktails.com, and your use of the account shall at all times be governed by these Terms. We reserve the right to monitor your use of your account for website improvement purposes, our performance tracking, and for the purposes of creating a "user rating" of your account. You agree to allow this "user rating" to be made public in such a way that it will not communicate the details of the use of your account.
(b) Accurate Information. In creating and using your User Account, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.
(a) No Warranties; Indemnification. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT: (I) THE WEBSITE, THE CONTENT, THE USER CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE; (II) THE CONTENT AND/OR USER CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS; (III) THAT DEFECTS SHALL BE CORRECTED; (IV) THAT THE WEB PAGES ON THE WEBSITE OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; OR (V) ANY PERSON USING THE WEBSITE WILL BE THE PERSON WHO HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(b) Indemnification. You agree to defend, indemnify and hold us and our affiliates, subsidiaries, owners, directors, managers, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including, without limitation, reasonable attorneys' fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder including, without limitation, any claims made by any third parties; (iv) your violation of any third party right including, without limitation, any copyright, property, or privacy right; and/or (v) any claim that your User Content caused damage to a third party.
- Limitation of Liability. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (V) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Third Party Content.
(a) We and/or our users may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not even aware that a third party has linked to the Website. A website that links to the Website: (i) may link to, but not replicate, our Content; (ii) may not create a browser, border environment or frame our Content; (iii) may not imply that we are endorsing it or its products; (iv) may not misrepresent its relationship with us; (v) may not present false or misleading information about our products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only Content that is appropriate for all age groups.
- User Content.
(a) The Website does or may now permit the submission of various forms of content submitted by you and other users, such as documents, images, videos, text files, audio files, comments, blog entries, editorials and original publications (collectively, "User Content") and the hosting, sharing, downloading, publishing and/or republishing of such User Content. We do not guarantee any confidentiality with respect to any submissions of User Content to us. Any User Content that you provide or make available to other users of the Website may be copied and used in accordance with these Terms. Additionally, all User Content will be viewable by "admin" and "super admin" users to protect against the storage of offensive, indecent or objectionable materials and otherwise administer the Website. You also agree that all User Content that you post to the Website, even if you delete that User Content, will at all times be available to us for any purpose. By using the Website you may be exposed to User Content that is offensive, indecent or objectionable. The User Content posted by any user of the Website is not under our control and we are not responsible for such User Content. If you decide to access any of the User Content, you do so entirely at your own risk.
(b) You shall be solely responsible for the User Content that you submit, for labeling any such User Content as original work that you have done yourself or as un-original work that you have obtained through a third party, whether through us or other sources (but with permission for use on the Website in the manner described in these Terms), and the consequences of posting or publishing it. You represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize us and those other users of the Website, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content as we deem appropriate; and (ii) to the extent applicable, you have the written consent, release, and/or permission of each identifiable individual person in the User Content to use the name or likeness of each such person to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms. By submitting the User Content to us, you hereby grant us a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, republish and perform the User Content in connection with the Website and our (and our agents, affiliate's and successor's) business including, but not limited to, publication of any portion or all of the User Content in an advertisement, a book, a magazine, a spoken word work, any other literary work and/or any other audio-visual work, in any medium or format, anywhere in the world. You also hereby grant each authorized user of the Website a worldwide, non-exclusive, royalty-free, irrevocable and sublicenseable license to copy, modify, use, reproduce, distribute, publish, republish and prepare derivative works of, display and perform such User Content, as permitted through the functionality of the Website and under these Terms.
(c) You agree to not use the Website to: (i) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, false, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, an official, an employee or a monitor of us; (iv) falsely state or otherwise misrepresent your affiliation with any person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website; (vi) upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure or confidentiality agreement); (vii) upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant us all of the license rights granted herein; (viii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, phishing schemes, pyramid schemes, or any other form of solicitation; (ix) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (x) interfere with or disrupt the Website or any of the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (xi) intentionally or unintentionally violate any applicable local, state, national or international law; (xii) stalk or otherwise harass another; or (xiii) collect or store personal data about other users.
(d) You acknowledge that we do not pre-screen User Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to refuse, move and/or remove any User Content that is available on or through the Website. Without limiting the foregoing, we and our designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content or User Content, 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 or User Content created by us or submitted to or appearing on the Website.
(e) You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Content violates the rights of any third parties; or (iv) protect the rights, property or personal safety of us, our users and/or the public.
(f) We do not endorse any User Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We reserve the right to remove Content and User Content without prior notice. Without limiting our right to cause the termination of a User Account for any or no reason, we will also cause the termination of a User Account if he or she is determined to be a repeat infringer. A repeat infringer is a user of the Website who has been notified of infringing activity more than twice and/or has had User Content removed from the Website more than twice. We also reserve the right to decide whether User Content is appropriate and complies with these Terms for violations other than violations of intellectual property law, such as, but not limited to, obscene or defamatory material. We may remove such User Content and/or cause the termination of a User Account for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
- Copyright and Trademarks. The trademarks, service marks and logos used and displayed on the Website are our, or our subsidiaries' or affiliates', registered and unregistered trademarks. We are the copyright owner or authorized licensee of all text and all graphics contained on the Website. All of our trademarks and service marks that may be referred to on the Website are our sole property. Other parties' trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trademarks or service marks without our prior written permission. We aggressively enforce our intellectual property rights. Neither our names nor any of our other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without our prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 7(b) above may use the names "Mingle Beverage Company" or "Mingle Mocktails" in or as part of that link.
- Copyright Complaints.
(a) We will not tolerate copyright infringement and reserve the right to block, disable, or otherwise remove any Content uploaded to or posted on the Website as well as terminate access to the Website if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements. Displaying, performing, storing, copying, distributing, and/or otherwise making available or using any Content from the Website is prohibited, unless specifically authorized by us in writing. Accordingly, no such Content may be used on another website without express written permission from us.
(b) We will not permit any Content known by us to be infringing to remain on the Website. If you believe that any content on the Website infringes your copyright, please contact our copyright agent, who can be reached as follows:
By mail: DMCA Agent, Mingle Beverage Company, LLC, 665 Mountview Rd, Berwyn, Pennsylvania 19312; Attn: DMCA Claims
By email: firstname.lastname@example.org
Please be sure to include the following information: (i) a description of the copyrighted work that you allege is being infringed (and registration information if such work is registered with the Copyright Office), (ii) the specific location of the allegedly infringing material on the Website, (iii) your signature (digital or hard-copy), (iv) your name, address, telephone number, and email address, and (v) a statement (notarized if possible and made under penalty of perjury) that: (A) you are the copyright owner or are authorized to act on behalf of the copyright owner, (B) you believe in good faith that the rights of the copyright owner are being infringed, and (C) the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law). Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), we will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
- Local Laws.We make no representation that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any violation of law. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations.
- Governing Law.You agree that the Website will be deemed solely based in the Commonwealth of Pennsylvania, and the Website will be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the Commonwealth of Pennsylvania. These Terms shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without reference to conflicts of laws principles. By using or accessing the Website, you agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the Commonwealth of Pennsylvania. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
- Availability.Information that we publish in the Website may contain references or cross-references to our products, programs or services that are not necessarily announced or available in your area. Such references do not mean that we will announce any of those products, programs or services in your area at any time in the future. You should contact us for information regarding the products, programs and services that may be available to you, if any.
- Termination of Service. We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to us, to the business of the Website's Internet service provider, or to other information providers.
- Miscellaneous.If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Your Consent To This Agreement
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by email email@example.com or by sending your comments to:
Mingle Beverage Company, LLC Berwyn, Pennsylvania 19312 Attn: Customer Care 708-870-8625 firstname.lastname@example.org
Copyright © 2017. Mingle Beverage Company, LLC
All Rights Reserved.