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Welcome to the Singani USA web site. We hope you enjoy your visit, but we ask that you please read this document, as your use of this site consists of an agreement on the following:
Site: the Internet web pages hosted under the URL www.singaniusa.com
Person: a natural person under US law
Visitor: a Person who accesses and uses the Site
Member: a Person who has registered at the Site under an account name and password
Singani: the alcoholic beverage of that name produced in Bolivia
Singani USA: the Singani USA company registered in Maryland, USA
Company: the Singani USA company, the first party of this Agreement
Us/us/We/we: the Singani USA company, the first party of this Agreement
You/you: you, the Person or person under US law that interacts with the Site in any way, the second party of this Agreement
ISP: Internet service provider
Content: language, text, sounds, recordings, music, graphics, images (still or streaming/video), and all other publishable material
Challenge: the message that may be displayed when first accessing the Site which requests a response from you regarding your age
1. The Site is for educational purposes, providing information and Content about Singani and the country where it is made. The Site may also contain Content provided by Members and Visitors.
2. Content is provided "as is", "as available" and "with all faults" for your information and personal use only.
3. By accessing and using the Site you represent and agree that
a) You are a Person 21 years of age or older,
b) You will not willfully facilitate the use of the Site by a Person under the age of 21 ,
c) You will not willfully allow your Member password to be used by a Person under the age of 21,
and that not responding to the Challenge on the Site does not relieve you of these responsibilities.
4. The Site may contain links to other websites not owned by the Company. The Company assumes no responsibility for and is not liable for the content, policies, and practices of the websites the Site is linked to.
5. Singani USA is a separate company from the ISP that hosts the Site. Singani USA is not responsible for issues arising from hosting the Site or actions by the ISP.
6. The language and text on the Site (save Member and Visitor contributions) and the Home Page graphics and color theme of the Site is copyright the Singani USA company. Other Content on the site belongs to its respective copyright holders. By accessing the Site you agree to respect the copyrights of the respective owners.
7. You may not copy, download, or record Content from the Site without express written permission by and from the Company. You may not infringe our trademarks in any way, nor may our trademarks be copied or used in any way without express written permission by and from the Company.
8. Trademarks (quotes used as setoffs). The following are trademarks of Singani USA: the term “Singani USA”, the distinctive wave mark “S”, the shaded form of the word “SINGANI”, the phrase "ALTITUDE SPIRIT".
9. Disclaimer Membership Benefits Singani USA
• Membership in Singani USA is for the sole purpose of gaining access to restricted pages in the Site
• Nothing in the membership benefits of Singani USA has any monetary value
• Singani USA is under no obligation to provide any stated benefit, alone or in combination
• Membership in Singani USA does not constitute a relationship, legal or otherwise, between you the
Member and Singani USA
10. Members agree that the passwords they submit to the Company are for the sole use of gaining access to restricted pages of the Site. Passwords are not used to guarantee the confidentiality of information on the Site. The Company is not responsible for compromised passwords regardless of cause.
11. A Member's registration is their email address. By registering at the Site, you warrant that the email address you enter is your own. Using an email address that does not belong to you is prohibited. Any person found to be using an email address that is not theirs will have the membership in question removed from the site, may be barred from further use of the Site, and may be reported to the appropriate authorities.
12. You agree
a) not to transmit to the Company Content you do not have the rights to
b) that Content you submit to the Company cannot be guaranteed to be held confidential or secure, nor can the Company be held liable for the unintentional release of such Content
c) that Content you submit to the Site is at your risk and responsibility
13. By submitting Content to Singani USA you agree that the Company may use your content on the Site, you warrant that you possess the rights to allow the Content to be so used, and that thereby you grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable, transferable, irrevocable, perpetual license to use, reproduce, distribute, prepare derivative works of, display, and perform the submitted Content in connection with the Site and the Company’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels, now known or hereafter developed.
14. The Company is not liable for content on the Site being copied, downloaded, or recorded by persons visiting the Site or by software programs designed to copy content from websites or computer screens. Content you submit, contribute or post to the Site is not guaranteed or warranted to be secure from copying, downloading or recording. If such copying, downloading or recording occurs, the Company is under no obligation to remediate, compensate you in any way, or intercede on your behalf.
15. The Company does not endorse any Content submitted by Visitors or Members, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with submitted Content. The Company reserves the right to remove submitted Content without prior notice, for any reason or for no reason in the Company’s sole discretion.
16. Nothing in this Agreement confers any third-party rights or benefits.
17. Singani USA is not responsible for your actions, you agree to hold the Company not liable for your activities whether or not they may be attributable to the use and access of the Site.
18. You may not
sell access to the Site or its related services on another website;
use the Site or its related services for the primary purpose of gaining advertising or subscription revenue;
sell or place advertising on the Site;
make any use of the Site or its related services that the Company finds, in its sole discretion, to use the Company’s resources or Content with the effect to compete with, diminish or displace mindshare for Singani USA;
upload posts and messages to promote your personal or business enterprise;
launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses or interacts with the Site in any manner;
notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to visit the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials;
collect or harvest any Content or any personally identifiable information, including account names, from the Site.
19. The Company may in its sole discretion modify the Agreement at any time; your use of the Site confirms your assent to the then-current version of the Agreement.
Other Terms and conditions.
Digital Millennium Copyright Act.
Notification. If you are a copyright owner or an agent thereof ("Owner") and believe that any Singani USA Content or submitted Content (the "Accused Content") infringes upon your copyrights, you may submit a notification (a "Takedown Notice") pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the Owner of an exclusive right that is allegedly infringed;
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 at that site;
Identification of the Accused Content that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the Accused Content;
Information reasonably sufficient to permit the Company to contact the Owner, such as an address, telephone number, and an electronic mail;
A statement that the Owner has a good faith belief that use of the Accused Content in the manner complained of is not authorized by the Owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For clarity, only DMCA notices should go to the Copyright Agent (at the address set forth below. You acknowledge that if you fail to comply with all of the requirements of the DMCA, your DMCA notice may not be valid.
The Company may share the Takedown Notice with the Provider of the Accused Content or any other person, and the Company may publish the Takedown Notice. The Company will only take down Accused Content of which it is made aware of in accordance with the DMCA on the Site; the Company is not responsible for taking down any Accused Content on any third party website. The Company has the option, but not the obligation, to notify any third party website that the Accused Content is subject to a Takedown Notice.
Counter Notice. The provider of the Accused Content (the "Provider") may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA (the "Counter Notice"). When the Company receives a Counter Notice, we may (but we have no obligation to) reinstate the Accused Content.
To file a Counter Notice with us, the Provider must provide a written communication that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. To expedite our ability to process your Counter Notice, please use the following format (or any other format that complies with the provisions of the DMCA):
Identify the specific URLs of the Accused Content or other material that the Company has removed or to which the Company has disabled access.
Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court of the appropriate jurisdication, and that you will accept service of process from the Owner or other person who provided the Takedown Notice or an agent of such person.
Include a statement, under penalty of perjury, that you have a good faith belief that the Accused Content was removed or disabled as a result of a mistake or misidentification of the Accused Content.
Sign the paper or other communication.
Send the written communication to the following address: firstname.lastname@example.org.
We suggest that you consult your legal advisor before filing a Takedown Notice or a Counter Notice. Also, please be aware that there are penalties for false claims under the DMCA. The Company reserves the right to share or publish any Takedown Notice or Counter Notice at any time.
If a Counter Notice is received by the Company, the Company may send a copy of the Counter Notice to the Owner or original complaining party that filed the Takedown Notice informing the Owner that the Company may reinstate the Accused Content or cease disabling it in 10 business days. Unless the Owner files an action seeking a court order against the Provider of the Accused Content, the Accused Content may be reinstated, or access to it restored, in 10 to 14 business days or more after receipt of the Counter Notice, at the Company's sole discretion.
Address for Notices. Each Takedown Notice and Counter Notice must be sent to Singani USA at one or more of the following addresses:
Address: Box 8321, Silver Spring MD 20907-8321
To the fullest extent permitted by law, Singani USA, its officers, directors, licensors, employees, and agents disclaim all warranties, express or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Singani USA makes no warranties or representations about the accuracy or completeness of the site's content or the content or any sites linked to the site and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage of any nature whatsoever, (3) any unauthorized access to or use of the servers that host the site and/or any and all content, personal information, financial information or other information and data stored therein, (4) any interruption or cessation of transmission to or from the site or any third party website, (5) any bugs, viruses, worms, trojan horses, malware, or the like which may be transmitted to or through the site, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the site and its services. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or related services or any hyperlinked website or featured in any banner or other advertising, and the Company will not be a party to or in any way be responsible for monitoring any transactions between you and third-party providers of products or services or third party websites in connection with site services; the Company makes no guarantees or warranties that any submitted content will be posted to identified third party websites and the Company undertakes no obligations to register visitors with or pay visitors' dues to any third party websites.
Limitation of Liability
In no event shall the Company, its officers, directors, licensors, employees, or agents, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may results from any (1) errors, mistakes, or inaccuracies of any content on the Site, (2) personal injury or property damage, of any nature whatsoever, (3) any unauthorized access to or use of the Site and/or any and all content, personal information, financial information or other information and data stored therein, (4) any interruption or cessation of transmission to or from the Site and related services, (5) any bugs, viruses, worms, trojan horses, malware, or the like, which may be transmitted to or through the Site and related services, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site and related services, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in each applicable jurisdiction.
You specifically acknowledge that the Company shall not be liable for any submitted content or any defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
This agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
Other terms and conditions.
The Agreement shall be governed by the internal substantive laws of the State of Maryland, without respect to its conflict of laws principles. Any controversy, claim or dispute between you and the Company shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association pursuant to its commercial arbitration rules, the optional rules for emergency measures of protection, and the supplementary procedures for online arbitration. The arbitral award will be final and binding, and may be enforced in any court of competent jurisdiction. The parties consent to the non-exclusive jurisdiction of the state and federal courts located in Maryland. the Agreement, and any other legal notices published by the Company on the Site, shall constitute the entire agreement between you and the Company concerning the Singani USA site and its services. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the agreement, which shall remain in full force and effect. No waiver of any term of the agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the agreement shall not constitute a waiver of such right or provision. The Company reserves the right to amend the Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the Singani USA site following any amendment of this agreement will signify your assent to and acceptance of its revised terms on a prospective basis. Any claim or issue that arises between you and the company is subject to the provisions of the Agreement in effect as of the date of the alleged actions or omissions from which the claim arises.
Any cause of action arising out of or related to the Singani USA site must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Your privacy is important to Singani USA. This statement describes the information gathering and dissemination practices of Singani USA for our Web site www.SinganiUSA.com (the "Site"), including the types of information we collect and how we may use that information. We only obtain personally identifying information ("personal information") about you when you actively provide us the information.
In general, you can visit our Site without telling us your name or revealing any personal information such as your address, telephone number or e-mail address. However, before you may enter our Site, you must represent that you are 21 years of age or older.
In certain parts of the Site, we may ask you to provide your name or other personal information so that we can provide you with information that you request, respond to feedback that you submit to a Site, allow you to participate in activities on the Site, or otherwise interact with the Site. Further, we may ask you for demographic data, such as your preferred language or country of residence, in order to tailor your experience on the Site, display content customized to your preferences, and to otherwise administer the Site. You are under no obligation to provide us with this information, but without it we may not be able to fulfill some types of requests. If you do not want your personal information collected, simply do not submit it through the Site.
We make significant efforts to ensure that the personal information you provide to us remains secure. We will not sell, rent, or otherwise disclose the personal information you provide to us through the Site to parties outside of Singani USA or our advertising, promotional and marketing agencies and consultants unless specified herein. We will disclose personal information if we are required to do so by law or have a good faith belief that such action is necessary to conform with existing laws or to cooperate with law enforcement agencies or in legal proceedings. In addition, if all or part of Singani USA is sold to, or merges with, another company, or declares bankruptcy, some or all of the information collected from you may be transferred to a third party as a result of the transfer of assets. Furthermore, we may use third party contractors to help us operate our business and the Site or administer activities on our behalf, and may share your personal information with these contractors for those limited purposes.
We may share anonymous aggregated data with other companies that we do business with for market research purposes. For example, we may report to our advertising agency that a certain percentage of our Site' users are United States residents between the ages of 21-25.
Data Collected Automatically
When you visit our Site, your Internet browser will automatically send us your Internet Protocol ("IP") address and information such as the type of browser you use, the date and time you accessed our Site, and the IP address of the Web site from which you linked to our Site. We may use this information to give you access to the Site, to tailor your experience on our Site, to display content customized to your preferences, and to otherwise administer the Site. We may also share this information with third parties in aggregate non-identifiable form.
Like many companies, we may store information on your computer in the form of a "cookie." A cookie may tell us whether you have visited our Site before, what pages on our Site you have viewed, and be used to remember if the statement of your age has already been answered, and if you are a Member, to keep you logged in from one usage of the Site to the next. The cookies we use do not collect any personal information about you, provide us with any way to contact you, or extract any information from your computer. With most Internet browsers, you can erase cookies from your hard drive, block all cookies, or receive a warning before a cookie is stored on your computer. Please refer to your Internet browser's instructions or Help Screen to learn more about these options.
No Collection of Person Data from Children
Our Site is not directed towards children and should not be accessed by persons who do not represent that they are of legal drinking age. Singani USA will not knowingly collect any information from minors.
We will use your personal information for customer service, to provide you with information that you may request and to customize your experience on the Site. We may also use your personal information to respond to your requests, tailor offerings to you, contact you about special events, offers and information we think would be of interest to you. If you would prefer not to receive direct communications from us, you can opt out of this at the time of information collection or thereafter by contacting us.
Review and Correction of Your Information
If for any reason you are concerned that your personal information that is maintained by Singani USA is incorrect, please contact us and we will be happy to update or remove your personal information accordingly. We may continue to retain your information in our files due to technical and legal requirements, constraints related to the security, integrity and operation of our Site or to resolve disputes. Please contact us at the email address below.
Our Site may offer links to other sites. We encourage our Visitors to be aware of when they leave our Site and to read the policies of the site they visit. Please be aware that we are not responsible for the policies or the content of the site to which we link. These links are provided solely for your convenience. Singani USA does not endorse the content of any such third party websites, has not reviewed all material linked to any such site, and is not responsible for the content of any such site. Your accessing and viewing of any such third party site is conducted at your own risk.
No data transmission over the Internet can be guaranteed to be 100% secure. The Site is hosted on shared servers at an ISP, and the Company has no control over security, operations and activities at the ISP. As a result, while we are committed to protecting your personal information, we cannot ensure or warrant the security of any information. Furthermore, please be aware that it may be possible for others to read messages that you send over the Internet, so do not send any information by e-mail that you would like to keep confidential.
Your email address is your Member name. It is expressly prohibited to use an email address that is not your own to become a Member. However, it is possible that someone who knows your email address may use it to create a membership with a password that only they know. Should you suspect that this has happened, contact us so that we may attend to the situation. Send email from the address in question to contact@SinganiUSA.com
Amendment of Policy.
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