Last Modified February 15, 2022
TERMS OF USE
Welcome to Block Head Spirits by Aquilini Beverage Group. This website is a service of Aquilini Beverage Group, together with its subsidiaries, affiliates, agents and licensors (collectively “Aquilini Beverage Group or ABG”). ABG may also be referred to in this Terms of Use as “we,” “us,” or “our.” The following terms apply to your use of and access to this website (“Website”), as well as any electronic transmission sent, received, posted, accessed, or stored on the Website. Certain products or services offered through our Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.
COVERAGE OF THIS POLICY AND AGREEMENT
These terms explain the policies that govern your access to and use of our Website, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.
By accessing or using our Website, you agree to these terms and policies (collectively the “Policy and Agreement”), as we may modify them from time to time. If you do not accept and agree to comply with this Policy and Agreement, do not access or use our Website. If you are under the age of majority in your state or country of residence, you may not access or continue to use this website. This Website is only intended for persons who are twenty one (21) years of age or older.
USER CONDUCT
You may access and use our Website only for lawful purposes and consistent with our policies. Transmitting, distributing, or storing any material that violates any applicable law or our policies is prohibited.
USER SUBMISSIONS
Any communication or material you transmit to ABG through this Website, including, without limitation by electronic mail or otherwise, including any data, recipes, questions, comments, ideas, suggestions, photos or the like (collectively a “Submission”) is, and will be treated as, non-confidential and non-proprietary. By providing a Submission, you: (i) grant to ABG a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all of the Submissions (in any format or media) that you provide; and (ii) waive all moral rights in and to all Submissions that you provide in favor of ABG. This means that, among other things, ABG has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever. For greater certainty, ABG is free to use any ideas, concepts, know-how, techniques or other information contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. ABG will not compensate you in any way for any such information, nor will the information be returned to you.
COPYRIGHT AND TRADEMARKS
The materials available through this Website are the property of ABG or its licensors, and are protected by copyright, trademark and other intellectual property laws. The trademarks and service marks that appear on this Website are the exclusive property of ABG or its licensors and no use or other rights are granted with respect to these trademarks without the express, written approval of ABG. Additionally, logos, trademarks and service marks of third parties may also appear on this Website, and such are the exclusive property of their respective owners and no use or other rights are granted with respect to these trademarks without the express, written approval of the trademark/service mark owner. You may view, copy and print pages from the Website only: (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices; (2) as a personal shopping resource; (3) for communicating with ABG about a company product or service; or (4) for placing an order with ABG. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Website without the prior written approval of ABG, with the express exclusion of any share functionality that may be made available as part of the Website.
LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites that are maintained by third parties over which ABG has no control. These links are provided for convenience only. Use of these links will cause you to leave this Website and use of third-party websites is entirely at your own risk. ABG makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. ABG does not sponsor or endorse the operators of the sites or the content, products or services they provide, and ABG is not responsible or liable for the conduct of the sites’ operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.
WEBSITE SECURITY AND INTEGRITY
You may not violate the security of our Website in any way. Such violations may result in criminal or civil liability. ABG may, but is not obligated to, investigate any violation of our Website. ABG may cooperate with law enforcement where criminal or unauthorized activity is suspected. Examples of Website security violations include, without limitation:
Hacking: Unauthorized access to or use of our Website, data, or systems, including any attempt to probe, scan or test for vulnerability or to breach security or authentication measures without our express prior authorization;
Interception: Unauthorized monitoring of data or traffic on our Website or systems without our express prior authorization;
Intentional Interference: Interference with the ability of anyone else to use our Website;
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” ABG DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. FURTHERMORE, ABG DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE CONTENT OR INFORMATION ON THIS WEBSITE AND/OR ITS FILES WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEB SITE-ACCESSING PROGRAM. ABG DOES NOT GUARANTEE THAT ITS WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ABG IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ABG BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND (FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES) EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT YOU ARE ENTITLED TO DAMAGES FOR ANY CLAIM ARISING FROM THE USE OF THIS WEBSITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF ABG WILL NOT EXCEED THE GREATER OF AMOUNT YOU SPECIFICALLY PAID TO ACCESS THIS WEBSITE OR $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ABG IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless ABG from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable legal fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website,; (5) your use of our Website; or (6) any of your acts or omissions.
MODIFICATION AND TERMINATION
We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on this Website. You agree to the Policy and Agreement, including any modifications, by accessing or using our Website. We may also terminate your access to this Website at any time and for any reason, with or without notice.
PRIVACY POLICY
ABG respects the privacy of visitors to our Website. Please take a few minutes to review our Privacy Policy.
MISCELLANEOUS
Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. ABG may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
QUESTIONS AND COMMENTS
We invite you to send in your questions or comments about our site, bring to our attention any material you believe to be inaccurate, or report any violations of this Policy. Please send your comments, including a copy of any material you wish to discuss, to info@blockheadspirits.com