TERMS OF USE
Thank you for visiting our website, which is owned and operated by ZX Ventures LLC (including its affiliates, ‘ZX Ventures’). Your use of this website is subject to our Privacy Policy and to the following terms of use (collectively, the ‘Terms’). Please read the Terms carefully, and do not use this website if you don’t agree to them.
Intended for people over drinking age (this is, 21+ if you’re in the US). This site is not directed to, and we do not knowingly collect personal information from, persons under drinking age. Please do not share or forward this website or its contents to anyone under drinking age.
Intellectual Property Ownership
Unless otherwise noted, all text, content and documents on the website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the ‘Content’) are owned by ZX Ventures (or its affiliates) or used with permission or under license from a third party and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between ZX Ventures and you, all right, title and interest in and to the Content will at all times remain with ZX Ventures and/or the respective owner. All brand names, product names, titles, slogans, logos, or service names and other marks used on the website, are registered and/or common law trade names, trademarks or service marks of ZX Ventures or the respective owner.
1. Limited Use; restrictions on use
You are permitted to use the Content and/or any services and products on the website for lawful purposes as provided in these Terms only; any other use or misuse of any Content is strictly prohibited. ZX Ventures grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sub-license, under the following conditions: you shall not, without ZX Ventures’ express written consent: (a) copy, re-transmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any trade name, trademark, or brand name of ZX Ventures in meta-tags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, (d) use any data mining tools for collecting or extracting any data including Content on the website and (e) use the website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to ZX Ventures, or any third party referenced therein. ZX Ventures reserves all other express and implied rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.
2. Social Media Sites and Third Party Links
The website may include features and functionality that allow you to interact with other sites that are not under our control (“Linked Site”), including various social media websites (“Social Media Sites”). ZX Ventures provides these features, functionality and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. ZX Ventures is not responsible for the contents or transmission of any Linked Site or Social Media Site or for the terms of use or privacy practices of any Linked Site or Social Media Site. You should carefully read the policies of any site you visit. Also, in the event that you use any Social Media Site to comment upon ZX Ventures or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with ZX Ventures (if any) or any consideration you may receive from ZX Ventures in connection with your comment (if any). If you make any claim regarding ZX Ventures or any of ZX Ventures’ products on a social media site in violation of the foregoing, you, and not ZX Ventures, shall be the sole author of such claim and shall be solely liable therefore.
3. Your submissions
If you post content or submit material, and unless we indicate otherwise, you grant ZX Ventures a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ZX Ventures and sublicensees the right to use the name that you submit in connection with such content, if they choose. Without limitation, ZX Ventures shall exclusively own, and you hereby irrevocably transfer and assign to ZX Ventures, all now known or hereafter existing rights in and to any ideas and/or suggestions that you may post, and ZX Ventures shall be entitled to unrestricted use of the idea and/or suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation to you.
4. Community Guidelines
In addition to links to Social Media Sites, the Website itself may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (together with the ZX Ventures relevant sections of the Social Media Sites, the “Community Forums”).
o ZX Ventures shall monitor the Community Forums on a regular basis for compliance with our Responsible Marketing and Communications Code (RMCC) and for any readily apparent violations of these Terms or illegal content.
o You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. ZX Ventures reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
o By using this site, you: (a) authorize ZX Ventures to collect and store any comments, images, or other content that you upload, post, or submit (“Submissions”) on our servers and systems in accordance with our Privacy Policy, (b) grant ZX Ventures an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the Submissions for any purpose whatsoever, including but not limited to incorporating the Submissions into Content that may be commercial in nature, (c) you are expressly prohibited from submitting any of the following (“Prohibited Submissions”):
o Any Submission that promotes drinking and driving or irresponsible consumption of alcohol, disparages compe
titive products, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
o Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
o Any Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
o Any Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
o Unsolicited promotions, political campaigning, advertising or solicitations;
o Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
o Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
o Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose ZX Ventures or its affiliates or its users to any harm or liability of any type.
5. United States website
By using the website, you agree and acknowledge that the website is hosted in the United States. Through your continued use of this website, which is governed by U.S. law and these Terms, you are transferring your personal information to the United States and you consent to (i) the application of the laws of the United States and/or the State of New York with respect to any dispute related to the Terms and/or your use of the website, and (ii) the exclusive jurisdiction of the courts of New York.
As further explained on our Privacy Policy we will take appropriate steps to provide an adequate level of protection using the standards set within the EEA as minimum. No matter where you reside, your data will be processed in accordance with the provisions of these Terms and as required by the law.
6. Warranties, Limitation of Liability
THIS WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS WEBSITE OR ANY INFORMATION OR SOFTWARE THEREIN. Neither ZX Ventures, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of (or inability to use) the website, or arising out of any action taken in response to or as a result of any Content or other information available on the website, however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability or otherwise—except in the event ZX Ventures fails to take reasonable security precautions as described in our Privacy Policy or is otherwise negligent.
If you become dissatisfied in any way with the Terms, your sole and exclusive remedy is to stop your use of the website. You hereby waive any and all claims against ZX Ventures and its affiliates, agents, representatives and licensors arising out of your use of the website— except in the event ZX Ventures fails to take reasonable security precautions as described in our Privacy Policy or is otherwise negligent. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
7. Digital Millennium Copyright Act
ZX Ventures is committed to respecting and protecting the legal rights of copyright owners. As such, ZX Ventures adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to ZX Venture’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
o Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
o Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
o Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
o A statement 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; and
o A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
ZX Ventures Copyright Agent to receive DMCA Takedown Notices is: copyrightagent@zx-ventures.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for ZX Ventures to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this section.
8. No Framing; Links; Third Party Sites
Framing, in-line linking or other methods of associat
ion with the Website are expressly prohibited without prior written approval from ZX Ventures.
9. Miscellaneous
ZX Ventures failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
10. Changes to the Terms
The Terms were last updated on 20 December 2019 and are version number 2. We keep our Privacy Policy under regular review, we recommend checking the Terms periodically. If you disagree with the provisions of these Terms at any time, your sole remedy is to terminate your use of the website. Continued use of the website constitutes your agreement to these Terms as in effect.
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