Terms of Use
DrinkThisDrinkThat.com and its affiliated websites (collectively the “Sites”), and associated online services, are owned by Drink This, Drink That, a Nevada corporation (“DTDT”, “we”, or the “Company”). Access to and use of the Sites constitutes agreement to these terms and conditions of use (“Terms of Use”) which may be modified at any time.
IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY DO NOT ACCESS THE SITES.
Access
To access the Sites you must be of legal drinking age in the country where you reside. If you are not of legal drinking age in the country where you reside, please exit the site now.
Your access to the Sites is on your own initiative and by doing so you explicitly take on responsibility for compliance with applicable laws and regulations, with the understanding that access may not be legal by certain persons or in certain countries.
Access to the Sites is subject to the DTDT Privacy Policy which contains further information about how data is collected, used, and made available on or by our Sites. Read it here.
DTDT reserves the right to terminate or suspend your access to all or part of the Sites with our without cause or notice.
Site Content Generally
The Sites and the information available through the Sites are provided on an “as is” basis, at user’s sole risk, as such DTDT does not guarantee the information contained therein in anyway, including, but not limited to, its accuracy or completeness, and you agree not to hold DTDT responsible for your or any other person’s reliance upon any such information.
Alcohol may impair judgement, do not drink in excess or before operating machinery.
All of the information and materials displayed on the Sites is the property of DTDT, or its affiliates, or its licensors and are protected by copyright and trademark rights and laws. You are granted non-transferable, non-exclusive access to the Sites to for personal use. By using the Sites you agree not to modify, reproduce, retransmit, distribute or disseminate, sell, publish, broadcast, make derivative works of, or otherwise make available such material without DTDT’s express written consent.
User Contributions
The Sites may contain interactive features that allow you to submit contributions (“User Contributions”) such as posts messages or other materials. By submitting User Contributions, you grant DTDT, its affiliates, and each of their licensees, successors, and assigns a perpetual right to use, reproduce, modify, display, distribute, and otherwise disclose those User Contributions for any purpose, and warrant that you own and control all rights in and to those User Contributions such that you have the right to grant the license granted above, that User Contributions adhere to these Terms of Use, and agree to defend, indemnify, and hold harmless DTDT from any claim related the ownership or accuracy of User Contributions.
By submitting User Contributions, you agree that DTDT may without obligation: take any action with respect to those User Contributions for any reason or no reason in DTDT’s sole discretion; DTDT reserves the right to enforce and verify compliance with the Terms of Use, including, but not limited to, in connection with any legal process relating to your use of the Sites or the claim of a third party that your use of the Sites is somehow unlawful or violates the third party’s rights.
User Contribution shall not:
Third Party Content
Unless otherwise stated, we are not associated nor do we monitor any websites, advertisements, or other media linked to or available through the Sites and disclaim responsibility for the content of any such third-party advertisements or linked websites. Prior to purchasing any third-party products or services described on the Sites, you are advised to verify pricing, product quality, and other information necessary to make an informed purchase. Neither DTDT nor its parent or any of its subsidiaries, divisions, affiliates, agents, representatives, or licensors shall have any liability arising from your purchases of third-party products or services based upon the information provided on the Sites, and we shall not receive or review complaints regarding such purchases.
Although DTDT may review or discuss products that are similar or identical to products also advertised on the Sites, you agree that neither DTDT’s reviews or discussions, nor third party advertisements, shall be in any way interpreted as an endorsement or warranty thereof, including, but not limited to, the similarity, quality, or fitness thereof.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO THOSE SITES.
User’s Indemnification of DTDT
You agree to indemnify, defend, and hold harmless DTDT, and its officers, directors, owners, employees, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of:
You shall cooperate fully and reasonably in the defense of any such claim. DTDT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
No Warranties
THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITES. THE INFORMATION, FACTS, AND OPINIONS PROVIDED ARE NO SUBSTITUTE FOR PROFESSIONAL ADVICE. DTDT TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS, APPLICATIONS OR GOODS AND SERVIES POSTED ON OR THROUGH THE SITE.
Limitation of Liability; Use at Users Own Risk
YOUR USE OF THE SITES IS AT YOUR OWN RISK. NEITHER, DTDT NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES AND THE INFORMATION AVAILABLE ON THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST DTDT AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SITES AND THE INFORMATION AVAILABLE THEREON.
Dispute Resolution
These Terms of Use and any disputes arising out of or related to the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of Nevada (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of Nevada, County of Washoe.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.
Waiver and Severability
No waiver by DTDT of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DTDT to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use constitute the sole and entire agreement between you and DTDT with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Sites.
Miscellaneous
The Terms of Use are not and should not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and DTDT. You may not assign, transfer, or sublicense any or all of your rights or obligations under the Terms of Use without prior written consent of DTDT. All headings or section titles contained herein are for the purpose of convenience and do not define or explain the subsequent section or provision.
DMCA
DTDT complies strictly with the Digital Millennium Copyright Act (DMCA). If you believe that your copyright protected material has appeared on the Sites without a license, please notify DTDT immediately with the relevant information.
IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY DO NOT ACCESS THE SITES.
Access
To access the Sites you must be of legal drinking age in the country where you reside. If you are not of legal drinking age in the country where you reside, please exit the site now.
Your access to the Sites is on your own initiative and by doing so you explicitly take on responsibility for compliance with applicable laws and regulations, with the understanding that access may not be legal by certain persons or in certain countries.
Access to the Sites is subject to the DTDT Privacy Policy which contains further information about how data is collected, used, and made available on or by our Sites. Read it here.
DTDT reserves the right to terminate or suspend your access to all or part of the Sites with our without cause or notice.
Site Content Generally
The Sites and the information available through the Sites are provided on an “as is” basis, at user’s sole risk, as such DTDT does not guarantee the information contained therein in anyway, including, but not limited to, its accuracy or completeness, and you agree not to hold DTDT responsible for your or any other person’s reliance upon any such information.
Alcohol may impair judgement, do not drink in excess or before operating machinery.
All of the information and materials displayed on the Sites is the property of DTDT, or its affiliates, or its licensors and are protected by copyright and trademark rights and laws. You are granted non-transferable, non-exclusive access to the Sites to for personal use. By using the Sites you agree not to modify, reproduce, retransmit, distribute or disseminate, sell, publish, broadcast, make derivative works of, or otherwise make available such material without DTDT’s express written consent.
User Contributions
The Sites may contain interactive features that allow you to submit contributions (“User Contributions”) such as posts messages or other materials. By submitting User Contributions, you grant DTDT, its affiliates, and each of their licensees, successors, and assigns a perpetual right to use, reproduce, modify, display, distribute, and otherwise disclose those User Contributions for any purpose, and warrant that you own and control all rights in and to those User Contributions such that you have the right to grant the license granted above, that User Contributions adhere to these Terms of Use, and agree to defend, indemnify, and hold harmless DTDT from any claim related the ownership or accuracy of User Contributions.
By submitting User Contributions, you agree that DTDT may without obligation: take any action with respect to those User Contributions for any reason or no reason in DTDT’s sole discretion; DTDT reserves the right to enforce and verify compliance with the Terms of Use, including, but not limited to, in connection with any legal process relating to your use of the Sites or the claim of a third party that your use of the Sites is somehow unlawful or violates the third party’s rights.
User Contribution shall not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, harass, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Promote commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.
Third Party Content
Unless otherwise stated, we are not associated nor do we monitor any websites, advertisements, or other media linked to or available through the Sites and disclaim responsibility for the content of any such third-party advertisements or linked websites. Prior to purchasing any third-party products or services described on the Sites, you are advised to verify pricing, product quality, and other information necessary to make an informed purchase. Neither DTDT nor its parent or any of its subsidiaries, divisions, affiliates, agents, representatives, or licensors shall have any liability arising from your purchases of third-party products or services based upon the information provided on the Sites, and we shall not receive or review complaints regarding such purchases.
Although DTDT may review or discuss products that are similar or identical to products also advertised on the Sites, you agree that neither DTDT’s reviews or discussions, nor third party advertisements, shall be in any way interpreted as an endorsement or warranty thereof, including, but not limited to, the similarity, quality, or fitness thereof.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO THOSE SITES.
User’s Indemnification of DTDT
You agree to indemnify, defend, and hold harmless DTDT, and its officers, directors, owners, employees, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of:
- Any User Contribution or allegation that a User Contribution violates the rights of DTDT or a third party;
- Breach by you or any user of your account of these Terms of Use or any representations, warranties, and/or covenants contained in these Terms of Use; and
- Any claim (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) arising out of or related to your use of the Sites or activities in connection with the Sites.
You shall cooperate fully and reasonably in the defense of any such claim. DTDT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
No Warranties
THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITES. THE INFORMATION, FACTS, AND OPINIONS PROVIDED ARE NO SUBSTITUTE FOR PROFESSIONAL ADVICE. DTDT TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS, APPLICATIONS OR GOODS AND SERVIES POSTED ON OR THROUGH THE SITE.
Limitation of Liability; Use at Users Own Risk
YOUR USE OF THE SITES IS AT YOUR OWN RISK. NEITHER, DTDT NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES AND THE INFORMATION AVAILABLE ON THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST DTDT AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SITES AND THE INFORMATION AVAILABLE THEREON.
Dispute Resolution
These Terms of Use and any disputes arising out of or related to the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of Nevada (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of Nevada, County of Washoe.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.
Waiver and Severability
No waiver by DTDT of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DTDT to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use constitute the sole and entire agreement between you and DTDT with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Sites.
Miscellaneous
The Terms of Use are not and should not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and DTDT. You may not assign, transfer, or sublicense any or all of your rights or obligations under the Terms of Use without prior written consent of DTDT. All headings or section titles contained herein are for the purpose of convenience and do not define or explain the subsequent section or provision.
DMCA
DTDT complies strictly with the Digital Millennium Copyright Act (DMCA). If you believe that your copyright protected material has appeared on the Sites without a license, please notify DTDT immediately with the relevant information.
April 15, 2022
