Terms and Conditions
Your use of this website is subject to the following terms and conditions. Please read the following terms and conditions carefully and be sure you understand them.
1. Intellectual Property Rights
1.1 Certain of the trademarks, logos, and service marks (collectively, the "Trademarks") displayed on this website are registered and unregistered trademarks of JA&CO. or its affiliates. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of JA&CO. Your misuse of the Trademarks displayed on the website, or any other content on the website, except as provided herein, is strictly prohibited.
1.2 Reproduction, distribution, republication and retransmission of material contained within the http://www.jacocktails.com website is prohibited unless the prior written permission of JA&CO. has been obtained.
2. Third Party Content
2.1 Some links within the http://www.jacocktails.com website may lead to other sites owned and operated by third parties. JA&CO. is not responsible for their content and does not necessarily sponsor, endorse or otherwise approve of the materials appearing in such sites. In addition, linked sites may be subject to terms of use and/or privacy policies of their owner/operators, and anyone who uses such a link is responsible for checking what those terms/policies are for themselves.
2.2 The opinions expressed in User Provided Content sections of the website are materials transmitted from users of the website and are the opinions of the individual author and may not reflect the opinions JA&CO, or any of its employees. JA&CO. is not responsible for their content and does not necessarily sponsor, endorse or otherwise approve of the materials appearing in the User Provided Content sections of the website.
3. User Provided Content
3.1 As part of the website, JA&CO. allows users to post their own content ("User Provided Content") that may be accessed by other users of the website. JA&CO. has no obligation to monitor the User Provided Content or the use of the website, or to retain the content of any user posted in User Provided Content sections of the website. When providing User Provided Content, you may not:
(a) Transmit or post any content or language which, in the sole and absolute discretion of JA&CO., is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
(b) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(c) Upload, post, e-mail, message or otherwise transmit any content that infringes any patent, copyright, trademark, trade secret, or any other intellectual property right or any real property right of any person or business;
(d) Upload, post, e-mail, message or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, unsolicited promotional messages (spam), chain letters, pyramid schemes, or any other form of solicitation;
(e) Upload, post, e-mail, message or otherwise transmit any material that contains software viruses or any other malware;
(f) Sending repeated unsolicited or unwelcome messages to a single user;
(g) Communicate or post any user's personal information in or on the User Provided Content, except that you may communicate your own personal information with the agreement that JA&CO. is not responsible for any misuse of such personal information;
(h) Use bots or other automated techniques to collect information from the User Provided Content;
(i) Participate in any action that, in the sole and absolute opinion of JA&CO, results or may result in a user of the website being "scammed" or defrauded.
3.2 JA&CO. does not claim ownership of any User Provided Content. By submitting, posting or displaying the User Provided Content, you hereby grant JA&CO. a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Provided Content which you submit, post or display on or through, the website. This license is for the sole purpose of enabling JA&CO, to display, publicly perform, distribute and promote the User Provided Content and the website.
3.3 JA&CO. reserves the right, in its sole and absolute discretion, to modify or delete any information, stored or posted to the website.
3.4 JA&CO. does not assume any responsibility for the contents of the User Provided Content.
3.5 Use of the User Provided Content areas of the website, including acting upon any solicitations or offers, is at the sole risk and responsibility of the user, who shall not assert or make any claim against JA&CO. in connection with any such use.
4. Registration
4.1 Certain portions of the website may require registration of an account with JA&CO. ("Account"). To register an Account, you will be required to provide JA&CO. with certain contact information and possibly billing information. You are obligated to provide accurate and complete contact and billing information. Failure to comply with the foregoing or to update the foregoing if your contact information or billing information changes shall constitute a breach of these terms and conditions, which may result in the immediate termination and deletion of the Account.
4.2 All contact and billing information provided by you shall be governed by JA&CO.'s Privacy Policy.
4.3 Your Account will be accessible by means of a password. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password or Account. You agree to immediately notify JA&CO. of any unauthorized use of your password or Account or any other breach of security
4.4 JA&CO. may, in its sole and absolute discretion, take whatever action it deems necessary to preserve the integrity of the website. Violation of any of the terms and conditions set forth herein may result in actions being taken by JA&CO., effective immediately or at a time determined by JA&CO., which may include without limitation: (i) temporarily suspending your Account, or (ii) permanently terminating your Account. Without limiting the foregoing, JA&CO. retains the right to decline service to any user who violates the terms and conditions herein.
5. Privacy Policy
The terms within this Section shall constitute the Privacy Policy.
5.1 JA&CO. does not collect any personal information from you, unless the you provide it voluntarily. If you decide to provide your personal information (e.g., name, email address, and mailing address), JA&CO. will only collect the personal information which is needed to fulfill your requests and JA&CO.'s legitimate business objectives. If you refuse to divulge your personal information when requested, you will not be able to access certain areas on the website.
5.2 JA&CO. complies with the Children's Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet. If the parent or guardian, of a user who is a minor, discovers that the user has submitted his or her personal information without the parent or guardian's permission or consent, JA&CO. will take reasonable steps to remove that information from the website and JA&CO.'s servers at the parent or guardian's request. To request removal of personal information of a minor, please send JA&CO. an e-mail (to the address below) and be sure to include in the message the user name and legal name of the minor.
5.3 JA&CO. reserves the right at all times to monitor, review, retain, and/or disclose any information, including IP addresses, as necessary to satisfy any applicable law, regulation, legal process, or government request, or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity. JA&CO. may use IP addresses to identify a user when it feels it is necessary to protect JA&CO. 's service, website, users, or others.
5.4 Personal information disclosed by you within the User Provided Content areas of the website may be accessible to the general public. JA&CO. is not responsible for protecting such information (e.g. publishing your telephone number).
5.5 Except as described in this policy, JA&CO. will not give any of your personal information to any third party without your express approval. Personal information which JA&CO. collects for a particular purpose will only be saved and used for that purpose, unless you agree to allow JA&CO. to use it for some other purpose. When you have provided personal information to JA&CO. for a particular purpose, JA&CO. may disclose such information to other companies that JA&CO. has engaged to assist it in fulfilling your request. This may include, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third party service providers. JA&CO. may also disclose any your personal information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, as may be required by applicable law, or, as JA&CO. may deem necessary in its sole discretion, in order to protect the legitimate legal and business interests of JA&CO..
6. DMCA Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this website, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA), Title 17, United States Code, Section 512(c)(2). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit JA&CO. to locate the material;
Information reasonably sufficient to permit JA&CO. to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or by law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Disclaimer of Warranties
7.1 JA&CO. ASSUMES NO LIABILITY FOR THE USE OR INTERPRETATION OF INFORMATION CONTAINED HEREIN. THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ANY AND ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. JA&CO. DOES NOT WARRANT THAT THE WEBSITE OR CONTENT THEREIN ARE ERROR-FREE OR WILL BE UNINTERRUPTED, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS.
8. Indemnification
You agree to indemnify and hold harmless JA&CO., and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to the website, your violation of these terms and conditions, your violation of any rights of a third party, including but not limited to claims of: infringement of third party intellectual property rights or rights of privacy and publicity, claims of defamation, as well as your violation of any applicable laws or regulations.
9. General
9.1 These terms and conditions will be governed by and construed in accordance with the laws of Hong Kong.
9.2 These terms and conditions contain the entire understanding of the parties hereto relating to the use of this website and supersedes any prior written or oral agreement or understandings between the parties with respect to this website, and cannot be changed or terminated orally.
9.3 If for any reason a court of competent jurisdiction finds any provision of these terms and conditions, or portion thereof, to be unenforceable, the remainder of these terms and conditions shall continue in full force and effect.
9.4 JA&CO. may revise these terms and conditions from time to time by updating or revising this posting, with the revised terms and conditions taking effect as of the date of its posting. It is your responsibility to check these terms and conditions periodically for changes. Your continued use of the website following the posting of changes on the website will mean that you accept and agree to the changes.
9.5 Notice
If you have any questions regarding these Terms and Conditions, or if you would like to contact JA&CO. for any other reason, write to:
Anne So
JA&CO.
anne@jacocktails.com