TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY APPLY TO YOUR USE OF THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE.
- Intellectual Property Rights
All intellectual property rights displayed on the Site, or in any of the materials contained within the Site, including but not limited to trademarks, patents, designs, logos, text, audio and video materials, source code, website structure (collectively, the “IP”) are owned by us, our subsidiaries, affiliates or any of our partners or licensees. All IP is protected by laws and treaties around the world. You may not remove any notices from our IP on the Site. Any use or reproduction of the IP is prohibited.
- Copyright/IP Agent for the United States
We respect the intellectual property rights of others and require that visitors to the Site do the same. If you believe that your intellectual property rights have been violated or suspect any constitute copyright infringement, please forward the following information to our Copyright Agent named below:
- Your address, telephone number, and email address;
- A detailed description of the work that you believe has been infringed and where the alleged infringing material is located;
- A written statement by you certifying that you have a good faith belief that the disputed use has not been authorized by you, the copyright owner or an agent;
- A signature (electronic or physical) of the person authorized to act on behalf of the copyright owner;
- A statement by you made under penalty of perjury that all the information contained in your notice is true and accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
Cask 3 Copyright Agent:
- Interfacing Websites
From time to time, we might display content hosted by websites, social media accounts and other online materials unaffiliated with the Site (“Unaffiliated Materials”). You acknowledge and agree that we have no responsibility for the Unaffiliated Materials displayed on the Site. We do not endorse any Unaffiliated Materials, or any of their content. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or about your use of any materials available on any Unaffiliated Materials or any information you may give to the Unaffiliated Materials.
- Materials and Ideas Submitted by You
Unless specifically requested, we do not want any materials or ideas submitted by you. Please refrain from submitting anything through the Site. Anything submitted by you (“Submissions”) shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of Cask 3. You acknowledge and agree that Cask 3 assumes no obligation of confidentiality or nondisclosure, express or implied by considering your Submissions. Cask 3, without limitation, shall be entitled to the rights and unrestricted use of the Submissions in whole or in part for any purpose whatsoever and without any form of compensation, notice or consent. You agree to not submit any defamatory, malicious, obscene, or pornographic content to the Site or any forum linked to the Site. You also agree not to upload or transmit any virus, trojan, malware, or other harmful code onto or through the Site or use any information from the Site to for taking any such harmful or malicious act effecting Cask 3 or any third party or its systems, infrastructure, or resources.
- Warranties and Limitation of Liability
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE ARE MADE WITH RESPECT TO THIS SITE, PLATFORM, OR ANYTHING CONTAINED THEREIN.
You hereby agree to indemnify and hold harmless Cask 3 and its affiliates and any of their respective officers, agents, directors, employees or any other representatives from any and all losses, liabilities, damages, penalties, fines, interest, judgments, awards, costs, and expenses (including reasonable attorneys’ fees and costs of litigation) arising from any claims of third parties arising out of your access to or use of the Site, breach of the Terms and Conditions, negligence, willful misconduct, violation of applicable law, or infringement of the intellectual property rights of Cask 3 or any third party.
IN NO EVENT SHALL CASK 3 OR ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, DIRECTORS, EMPLOYEES OR ANY OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF INCOME, PROFIT, GOODWILL, DATA, DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES, LIABILITIES, EXPENSES, AND CLAIMS ARISING FROM YOUR USE OF THE SITE EXCEED AN AGGREGATE AMOUNT OF $10.00, WHETHER PURSUANT TO APPLICABLE LAW OR OTHERWISE. TO THE EXTENT A COURT OF COMPETETANT JURISDISCTION DEEMS ANY PORTION OF THE FOREGOING DISCLAIMER OF DAMAGES OR LIMITATIONS OF LIABILITY UNENFORCEABLE, THE REMAINING PORTION SHALL REMAIN IN FULL FORCE AND EFFECT AND EACH PART OF THE FOREGOING SHALL BE CONSTRUED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
At its sole discretion, Cask 3 may discontinue or modify the Site, or may terminate your access to the Site for any reason, with or without notice to your and without any liability to a third party.
- Governing Law
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© 2019 Cask 3, Inc.