Terms and Conditions (“Terms”)

Last updated: October 27, 2016

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Drinkhacker website (the “Service”) operated by Null Media LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service. We reserve the right in our sole discretion to change, modify, add or delete portions of the Terms and the Privacy Policy at any time without notice. If you keep using the Service, we will assume you agree to the changes.

Third-Party Products and Services

We may offer third-party products/services through the Service. If you use any of these third-party products or services, you assume all risks and liabilities. We may also link to other websites. We have no control over these external websites and will not be liable for any content, advertising, products, or other materials on or available from those external websites.

Control of Access

Drinkhacker is designed for users of legal drinking age and may take steps to verify that all users are indeed of legal drinking age. We may use tools to control access to the Service. Please do not disable or tamper with these tools or we will disconnect your access to the Service.

Content

Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). The Service is not responsible for the Content posted by users, but reserves the right to remove, redact, or otherwise alter any Content posted to the site at its sole discretion.

Communications

If you give us your contact information, you consent to receive communications from us. If you decide you don’t want communications from us, please contact us at the email below.

Licenses

We want you to use the Service, so we grant you a limited license to access and use it as well as a limited, revocable and nonexclusive right to create links to the Service, provided links are not used in a false, misleading, derogatory, or otherwise offensive manner. These licenses do not include a right for you to:

(a) Commercially exploit the Service;

(b) Distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Service, any passwords or usernames or any copies of the Service, without our express prior written consent, except as allowed under these Terms;

(c) Make a copy of the Service or any portion of the Service, except as allowed under these Terms;

(d) Make a copy of the Service publicly available or available on a network for use or download by multiple users;

(e) Use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the material’s owner;

(f) Use any meta-tags or any other “hidden text” using “Drinkhacker,” our affiliates, partners or artists without our express written permission;

(g) Use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information;

(h) Except as otherwise specifically provided by the Service or these Terms, use or install the Service (or permit others to do same) on a network, for online use, or on more than one device at the same time;

(i) Use or copy the Service from any location-based site; provided, that we may offer you a separate site license agreement to make the Service available for commercial use;

(j) Reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Service, in whole or in part;

(k) Remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Service, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;

(l) Misrepresent the source of ownership of the Service;

(m) Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Service by any U.S or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or scrape, build databases or otherwise create permanent copies of content returned from the Service;

(n) Repost or reprint any of the material, photos, text, or other Content that appears on Drinkhacker.

Hacking

If you use the Service, you will not do anything that might be considered illegal or tortuous. This includes, without limitation, “hacking” the Service, infringing the intellectual property or other rights of third-parties, modifying, altering, translating, reverse engineering, decompiling or disassembling the Service or related documentation or creating derivative works based on the Service.

Ownership

Null Media LLC retains all right, title and interest in and to the Service and all related patent, copyright, trademark, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right (“Rights”). If you provide us with feedback regarding any aspect of the Service, Null Media LLC will own all rights in and to such feedback and any derivative products or services developed from the feedback.

Limitation of Liability

(a) WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICE FOR YOUR PURPOSES, OR THAT THE USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.

(b) THE SERVICE IS PROVIDED “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS OR PRODUCTS AND SERVICES AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

(c) WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You indemnify, defend and hold Drinkhacker and Null Media LLC, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your acts or your failure to act when using the Service.

Termination

If you fail to comply with these Terms, we will be forced to cancel your Account. If you want to cancel your Account send us an email at the address below and let us know.

General

Venue and jurisdiction are exclusively with the courts of Marin County, California. California State law will control the Terms, without regard to conflicts of law provisions. If you breach these Terms, you will cause us immediate and irreparable harm. You and Null Media LLC are independent parties and nothing else – not employee and employer, nor principal and agent. If any provision of the Terms is held unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances. The licenses we grant to you are for you and you alone. You may not transfer or assign these Terms or licenses without our express written consent. The section headings in the Terms are for reference purposes only and do not in any way affect the meaning or interpretation of the Terms. The failure of either you or us to enforce any right or provision in the Terms will not constitute a waiver of such right or provision. The Terms and the Privacy Policy are the complete and final agreement between us regarding your use of the Service.

Contact Information

If you have questions regarding the Terms, please contact us at:

Null Media LLC
Attn: Drinkhacker Terms of Use
E-mail: [email protected]