Terms Of ServiceBasic TermsStirthemix.com or any of its other owned or licensed domains owned & operated by Stirthemix.com Limited (also referred to as the 'Site' or 'Stirthemix') is intended for use by you only if you are of legal age to purchase alcohol in your City, State, and Country of residence or if you are accessing the Site in the City, State, and Country where it is legal to access alcohol related websites. If you do not fall within either of the above categories, you may be in breach of laws or regulations applicable in your City, State, and Country of residence and you should leave the Site immediately. IF YOU DO NOT ACCEPT THESE TERMS PLEASE LEAVE THE SITE NOW. These Terms of Service ("Terms") govern your access to and use of the services and Stirthemix websites (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. You may use the Services only if you can form a binding contract with Stirthemix and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Legal Drinking AgeThe following is a list of Countries & their corresponding Legal Drinking Age for Beers & Spirits respectively. Spirits in this context includes all Alcoholic Beverage manufactured either using Distillation method, Fermentation method, or Premixed Drinks, or Cocktails. This list will be update from time-to-time. It is your responsibility to refer to this list regularly to confirm that you are of legal drinking age to access this Site. Last updated on 22 March, 2010 Site visitors, who are not signed into the Site are free to access the various areas of the Site, including public profiles of members only after validating their proof of age at the point of entry to the Site.
Site Access Any use by you of this Site is conditional upon your acceptance of these Terms, including our Privacy Policy. We reserve the right to amend these Terms from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these Terms of Service, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms of Service, including our Privacy Policy. In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
Before you continue, you should print off or save a local copy of the Terms for your records. You are solely responsible for your use of the Services, for any content you post to the Services, and for any consequences arising thereof. The content you submit, post, or display will be viewed by other Site visitors of the Services and through third party services and websites. Under these Terms, we advice you to only provide content that you are comfortable sharing with others. PrivacyFor information about Stirthemix data protection practices, please read our Privacy Policy. This policy explains how Stirthemix treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Stirthemix privacy policies. Your Passwords And Account SecurityYou agree and understand that you are solely responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Stirthemix for all activities that occur under your account. Content On The ServicesAll content, either private messaging or public broadcasting is the sole responsibility of the member who posted that content. Stirthemix does not monitor or control such content, and is in no way responsible for the validity, authenticity or accuracy of such content. Stirthemix does not endorse or represent any opinions posted via the Services. We are under no circumstances liable for the loss or damage to you due to your use, transmission via email or otherwise via your use of the Services. You also understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. Your RightsYour continued use of the Services either by means of updates, or feature related actions, through direct communication with other members, or otherwise; you retain the rights to all such Content. Your agree that by your use of our Services to submit or display Content implies that you have granted us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute (including distribution to partners, companies, for profit & non-profit organizations, or individuals) such Content in any and all media or distribution methods (now known or later developed); for purposes including syndication, broadcast, publication or distribution of such Content on other media and services, subject to our Terms for such Content use. In addition, you grant us the license to transmit, modify or distribute such Content over computer networks and across various media. You grant us a license to use of Content such as updates, posts, and feature related actions made by you using our Services implies that you have granted us the right to make available such Content to our partners, companies, for profit & non-profit organizations, or individuals without any compensation paid to you. You are solely responsible for the Content such as updates, posts, and feature related actions, and for any consequences arising thereof; including the use of your Content by other members and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Stirthemix will not be responsible or liable for any use of your Content by Stirthemix in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You may stop using the Services at any time. You do not need to specifically inform Stirthemix when you stop using the Services. Stirthemix grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Stirthemix as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Stirthemix, in the manner permitted by these Terms. Stirthemix RightsStirthemix, its subsidiaries, licensors, and affiliated legal entities retain the exclusive rights to all titles and interest in and to the Services. This excludes Content provided by registered members, website visitors and content partners. Our Services are protected by copyright, trademark, and other laws both in the United Kingdom and foreign countries. Nothing in the Terms gives you a right to use the Stirthemix name or any of the Stirthemix trademarks, logos, domain names, and other distinctive brand features. You agree that Stirthemix retains the right to add, edit, or delete Site features at our sole discretion at any time without prior notice to you. Stirthemix is constantly innovating in order to provide the best possible experience for its Site visitors. You acknowledge and agree that the form and nature of the Services which Stirthemix provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Stirthemix may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Site visitors generally at our sole discretion, without prior notice to you. You acknowledge and agree that if Stirthemix disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You acknowledge and agree that while Stirthemix may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Stirthemix at any time, at Stirthemix discretion. Any feedback, comments, or suggestions you may provide regarding Stirthemix, or the Services or Content is entirely voluntary and Stirthemix will be free to use such feedback, comments or suggestions as Stirthemix sees fit and without any obligation to you. AdvertisingSome of the Services are supported by advertising revenue and may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The manner, mode and extent of advertising by Stirthemix on the Services are subject to change without specific notice to you. In consideration for Stirthemix granting you access to and use of the Services, you agree that Stirthemix and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. Restrictions On Content And Use Of The ServicesStirthemix reserves the exclusive right to terminate the use of Services of registered members or reclaim usernames, and to remove or refuse to distribute (without any obligation to anyone) any Content including updates or feature related actions. We reserve the right to access, read, preserve, and disclose any information as we reasonably deem necessary to:
The following is a list of the prohibited use of the Services & the type of Content that can be updated, posted, and the feature related actions by Site visitors and registered members; which we retain the right to monitor or censor. This list is to ensure that Stirthemix complies with mandatory legal requirements.
Your account may be suspended for Terms of Service violations if any of the above is true; accounts created to replace suspended accounts will be permanently suspended. Accounts engaging in any of the above behaviors may be investigated for abuse. Accounts under investigation may be removed from Search for quality. Stirthemix reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Terms. While accessing or using our Service you may not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Stirthemix, unless you have been specifically allowed to do so in a separate agreement with Stirthemix. Scraping the Services without the prior consent of Stirthemix is expressly prohibited. You may not interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. Trademark & Copyright PolicyStirthemix respects the intellectual property rights of others and expects registered members and Site visitors of the Services to do the same. All media (logos, images, videos, audio) are the copyright of the respective owners, and their display on stirthemix.com does not imply stirthemix.com's association of with the company, brand or image owner. It is our policy to respond to clear notices of alleged copyright infringement that comply with applicable international intellectual property law and the United States Digital Millennium Copyright Act (the text of which can be found on the website of the U.S. Copyright Office, http://www.copyright.gov and at www.chillingeffects.org). We will respond to notices of this form from other jurisdictions as well. Please note that you will be liable for damages (including costs and lawyers fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and lawyers' fees. The company agreed to pay $125,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact a lawyer. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Stirthemix will also terminate a member's account if the member is determined to be a repeat infringer. The following describes the information that should be present in these notices. It is designed to make it as easy as possible to submit notices of alleged infringement to Stirthemix while reducing the number of notices that we receive that are fraudulent, difficult to understand or difficult to verify. If you believe that your Content has been copied in a way that constitutes copyright infringement, you may submit a form of notice that is consistent with the form suggested by the United States Digital Millennium Copyright Act. To do please provide our Copyright Agent with the following information in writing:
Please also provide us with (i) your contact information, including your address, telephone number, and an email address; (ii) and a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (iii) and a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. LinksThe Services may contain links to third-party websites or content or resources. Stirthemix may have no control over any web Sites or resources which are provided by companies or individuals other than Stirthemix. You acknowledge and agree that we are not responsible or liable for:
You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Disclaimers Of WarrantyYour agree that your access to and use of the Services or any Content is at your own risk TO THE FULLEST EXTENT PERMITTED BY LAW, STIRTHEMIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ACCESS IS PROVIDED ON AN "AS IS" BASIS. STIRTHEMIX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THIS SITE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STIRTHEMIX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
The failure of Stirthemix to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. Fan Page Related Provisions
Stirthemix complies voluntarily with the advertising codes set forth by Self Regulatory Organisations (SRO's) in regions across the World. Our voluntary compliance in no way implies our association with such organizations. Your ads must comply with the Advertising Guidelines set forth by the SRO's and the governing laws of the City, State, and Country from where you are serving the ads. SRO's include CAP in United Kingdom , DISCUS in the United States , and The European Spirits Organisation - CEPS & its partners across Europe. If we receive a compliant that an ad is found in conflict of the laws and/or guidelines, it will be removed promptly without notice to you. Entire AgreementIf any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. The Terms, and your relationship with Stirthemix under the Terms, shall be governed by English law. You and Stirthemix agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Stirthemix shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Amendments To TermsStirthemix may make changes to the Terms from time to time. When these changes are made, Stirthemix will make a new copy of the Terms available to you at http://www.stirthemix.com/index/terms. You understand and agree that if you use the Services after the date on which the Terms have changed, Stirthemix will treat your use as acceptance of the updated Terms. © Copyright 2009-2010 Stirthemix.com (trading name: Stirthemix.com Limited) Address: Prebend House, 72 London Road, Leicester, Leicestershire, LE2 0QR. Registered in England No. 06878517 at the above address. Created on 22 March, 2010 |
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