TERMS OF SERVICE
By accessing this web site at www.bartisanal.com(“Site”), provided by Bartisanal LLC (“Bartisanal”, "Company", "we" and "our"), you acknowledge that you have read, understood and agreed to be bound by these Terms of Service ("Terms of Service", “Terms”). If you do not agree with any of these terms or are not of a legal age for consuming alcoholic beverages, you are prohibited from using or accessing this site, and purchasing any products or subscriptions from Bartisanal.
Bartisanal may, in its sole discretion, revise the Terms from time to time and it is your responsibility to review the Terms each time you access this Site. Your continued use of the Site after such revisions are posted will constitute your agreement to such changes.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
USE OF SITE
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (i) are unlawful, threatening, harassing or profane; (ii) restrict or inhibit any other user from using and enjoying the Site; (iii) encourage or depict overconsumption of alcohol or conduct that would constitute a criminal offense or give rise to civil liability; (iv) contain a virus or other harmful component; or (v) contain false or misleading indications of origin or statements of fact.
WHAT WE SELL AND WHAT WE DON’T SELL ANY ALCOHOL INCLUDED IN A KIT ORDERED THROUGH THE SITE IS BEING SOLD TO YOU FROM A THIRD PARTY LIQUOR MERCHANTS. BARTISANAL DOES NOT SELL ALCOHOL. BARTISANAL ONLY PROCESSES ORDERS FOR ALCOHOL. YOU ACKNOWLEDGE THAT ANY ALCOHOL INCLUDED IN A KIT PURCHASED THROUGH THE SITE IS BEING PURCHASED BY YOU FROM THE THIRD PARTY LIQUOR MERCHANT AND IS NOT BEING PURCHASED FROM BARTISANAL.
SITE AGE LIMITATION
Company and its delegated agent maintain this Site for the personal use of U.S. residents who are lawfully permitted to consume alcoholic beverages. The Site is available to registered users who are 21 years and older and who have not been suspended or removed by Bartisanal for any reason.
USE OF MATERIALS
You may print or have printed by a third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner.
COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on this Site, including but not limited to trademarks, designs, logos, names, text, images, audio and video materials are the property of Company unless otherwise noted. You may not remove any copyright or other proprietary notices from Company’s Proprietary Material. You may not display, reproduce, distribute, modify, transmit, or otherwise use Company's Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of Company.
By submitting or posting any materials or content on the Site, you grant Bartisanal a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Bartisanal the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Bartisanal will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
COMMUNICATION TO SITE
All communications, including but not limited to all remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site, whether by e-mail, posting, uploading, or otherwise, will become the exclusive property of Company. Company will not be required to treat any submission as confidential. By transmitting content to this Site, you automatically grant to Company a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. You agree that Company is free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to this Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that Company need not provide any compensation or acknowledgment to you in exchange for any such use.
You agree that Company has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, Company does not and cannot review all materials posted to the Site by users and Company assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, Company may investigate an allegation that content transmitted to this Site is in violation of the Terms and Conditions and determine whether to have the communication removed from this Site. However, Company is under no obligation to remove content transmitted by third parties from this Site and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, BARTISANAL DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Bartisanal makes no warranties of any kind regarding any non-Company sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Bartisanal makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Company sites. Bartisanal does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BARTISANAL, ITS SUBSIDIARIES, AFFILIATES OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF BARTISANAL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF BARTISANAL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO BARTISANAL IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement constitutes a binding agreement between you and Company until terminated by you or Company, which Company may do at any time, without notice, in Company's sole discretion. If you become dissatisfied with the Site, in any way, your sole recourse is to immediately discontinue use of the Site.
The Terms and Conditions shall be governed by and construed in accordance with the laws of Indiana, without regard to conflicts of laws provisions. You irrevocably consent to the jurisdiction of the appropriate courts located in the state of Indiana for any action arising from or relating to the Terms and Conditions or your browsing or use of this Site.
NOTICES AND DISCLOSURES
Except if explicitly stated otherwise, any notices shall be sent by e-mail to, in the case of Company to firstname.lastname@example.org, or, in the case of a user to the e-mail address you provide to Company. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
OUTSIDE UNITED STATES
This Site is intended for use by U.S. residents of legal drinking age. Company makes no claims that the content of this Site is appropriate or may be downloaded outside of the U.S. If you access this Site from outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product or service do not imply that Company intends to make such products or services available in all countries.
If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or Company to exercise or enforce any rights or provisions of the Terms of Service shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Service comprise the entire agreement between you and Company and supersede all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms of Service regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms and Conditions.
If you have any questions about the Terms of Service, the practices of, or your experience on the Site, please contact us at email@example.com.