TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use were last amended on April 13, 2020. Introduction; Consent; Defined Terms

This website is available for the personal use and enjoyment of visitors who are of legal drinking age. These Terms and Conditions of Use together with our Privacy and Cookie Policy (the “Terms”) are provided so that you, the user, can know what is expected from, we, the website provider, RICH CONTEXT LLC, its affiliates and subsidiaries (collectively, “Company”) and what the we expect from you.

Please read these Terms carefully before using this website (for the purposes of these Terms, this website and any successor or affiliated websites, and any software or applications provided by for use with such websites are hereinafter collectively referred to as the “Website”). These Terms govern your use of this Website.

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.

Scope of Use

This Website is for your personal, non-commercial use only. Access to the Website is permitted on a temporary basis to users located in countries or territories where the sale, advertising and consumption of alcoholic beverages is legal. This access may be controlled through the use of identifiable information, such as your IP address and web history. Our Privacy Policy, Cookie Policy and information about how we collect, use and store this identifiable information is located below. IF YOU ARE NOT OF LEGAL DRINKING AGE OR IF YOU LIVE IN A COUNTRY WHERE CONSUMPTION OF ALCOHOLIC BEVERAGES IS NOT PERMITTED, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE THIS WEBSITE.

Intellectual Property

All intellectual property and database rights to the Website and in the materials published on it, including but not limited to all content, names, taglines, trademarks, logos, trade dress, brand identities, graphics, artwork, designs, images, audio and visual materials, text, software, and data (“Materials”) are owned by Company, our subsidiaries, affiliates, and/or any of our partners. These Materials are protected by intellectual property laws around the world. All rights are reserved to their respective owners and you may not reproduce, display, post on any other website, modify, distribute, perform, reuse, broadcast, or otherwise transmit any portion of this Website without our, the Company’s, written consent.

Except as provided in these Terms, the use of this Website does not grant you any rights, title, interest or license to any Materials you may access on this Site. Unless otherwise specifically authorized by the Company (by way of example only, explicit instructions such as “Click Here to Enlarge this Image”) you may not modify the paper or digital copies of any Materials you have downloaded in any way. All copying (whether in electronic, hard copy or other format) reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of the Website or the Materials is prohibited and may breach intellectual property laws and other laws worldwide.

Modifications

We may revise, update or otherwise modify any portion of these Terms, or any policy or guideline with respect to the Website, at any time in its sole discretion.  Your continued usage of the Website after any changes to these Terms will mean that you accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of Company.  Company urges you to review the Terms and any policies and documents incorporated in them from time to time to understand the terms and conditions that apply to your use of the Website. These Terms will always show the “last amended” date at the top. If you do not agree with any amended Terms, stop using the Website immediately.

Use of Interactive Areas

This Website may from time to time contain interactive areas including interactive advertising and promotion areas, discussion forums, bulletin boards, review services or other forums in which you or third-parties may post content, messages, reviews or other materials on the Website (“Interactive Areas”). You are solely responsible for your use of the Interactive Areas and use them at your own risk. By using any of the Interactive Areas, you agree to the following Content Standards by agreeing not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:

Unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, invasive of privacy or publicity rights, abusive inflammatory, fraudulent or otherwise objectionable content by way of message, data, information, text, music, sound, photos, graphics, code or other materials;

Encourage, condone, promote or glamorize under-age, excessive or irresponsible consumption of alcoholic beverages or driving under the influence;

Any content that could encourage or provide instructions for a criminal offense, violate the rights of any party or entity, or would otherwise create liability or violate any local, state, national or international law;

Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;

Unsolicited promotions, political campaigning, advertising or solicitations;

Promotion entries or content that is known or suspected to be fraudulent or otherwise violates these Terms;

Except where a third-party has expressly consented to use, any private information of said third-party, including without limitation, addresses, phone numbers, credit card numbers, and e-mail addresses;

Content that impersonates any person or entity or otherwise misrepresents an affiliation with any person or entity;

Give the impression it originates from Company or any of its affiliates, employees, or partners;

Viruses, corrupted data or other harmful, disruptive or destructive file; or

Any content, that in the sole judgment of Company, is deemed to be objectionable or which restricts or inhibits any other person from using the Interactive Areas or the Website.

We do not tolerate SPAM. In your use of the Website, you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices and with any applicable marketing association guidelines on ethical marketing practices. Any violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.

Any material you upload to our Website will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us, we have the right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You waive any moral rights in respect of any material you upload to our Site.

We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with the Content Standards above.

Restrictions on Use of the Website

In addition to other restrictions set forth in these Terms, you agree that:

You shall not use the Website in any way hat breaches any applicable local, national or international law or regulation.

You shall not disguise the origin of information transmitted through the Website or place false or misleading information on the Website.

You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Company.

You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or information.

Certain areas of the Website may be restricted to customers of Company. 

You may not send, knowingly receive, upload, download, use or re-use any content which does not comply with our Interactive Areas restrictions above.

You may not use or access the Website in any way that, in Company’s judgment, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website. 

You will use the Website for lawful purposes only and will not submit or transmit through the Website any material or engage in conduct that (1) violates or infringes the rights of others, including, without limitation, rights in intellectual property such as trademarks, copyrights, patents and trade secrets, (2) is unlawful, threatening, abusive, profane, explicit, harassing, defamatory, fraudulent, constitutes an invasion of privacy or contains explicit, graphic, obscene or pornographic materials; or which otherwise violates any law, rule, regulation or the rights of a third party, (3) impersonates any person, including Company and its employees, principals, agents, consultants or affiliates or allows you or a third party unlawful access to a third party’s computer or network, (4) is harmful or attempting to harm minors in any way, or (5) violates these Terms, the Privacy Policy, the Cookie Policy or any other policy of Company.

Links

(a)    Outbound Links.  The Website may contain links to third-party Websites and resources (collectively, “Linked Sites”).  These Linked Sites are provided solely as a convenience to you and not as an endorsement by Company of the content on such Linked Sites.  Company makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site.  Company is not responsible for the availability of the Linked Sites or the content or activities of such sites.  If you decide to access Linked Sites, you do so at your own risk.  In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

(b)    Inbound Links.  Linking to any page of the Website other than www.company.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Company.  Any website or other device that links to www.Company.com or any page available therein is prohibited from (a) replicating content, (b) using a browser or border environment around the content, (c) implying in any fashion that Company or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Company or any of its affiliates, (e) presenting false information about Company products or services, and (f) using any logo or mark of Company or any of its affiliates without express written permission from Company.

Privacy Policy

Company is the controller of the processing of all personal data collected through this Website. We respect your privacy and our goal is to collect as little user information as possible while still providing a quality service to you. We receive and store information about you in a range of ways.

Information You Give Us. We collect your‎ name, postal address, credit card information, email address, email settings, username, password, telephone number, and profile information as well as other information you directly give us on our Site so that we can provide a customized and personal user experience for you and so that we can provide products, services and events that you have requested to you. If you communicate with other users of the Website or provide content to the Website, we will also store and process those communications and materials.

Information We Get From Others. We may get information about you from other sources to further customize your experience, like updating the Website based upon your location information. We may add this to information we get from this Website.

Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our Website, we log IP address, date and time of access, location information, browser information, operating system information and information about your use of and actions on our Website. While you use our Website, we also collect information related to how you interact with us, such as your purchase history, your path through our website, product reviews, and any search terms you may use on our website. Some of this information is obtained by so-called “cookies”, which are discussed more fully below. This collected information allows us to update our Website and learn how we can better equip the Website to serve you. Finally, we may receive information from you, like a confirmation, when you open emails from us. This confirmation helps us make our communications with you more interesting and helps us improve communications.

We may also use the information we collect to more effectively respond to your service needs. Any data or information we collect will never be shared except under the circumstances discussed in this Policy.

YOUR CHOICES

You have a choice about whether or not you wish to receive information from us. If you do not want to receive communications from us about our products and services, then you can request that communications stop by contacting Company at privacy@richcontext.com. You have a choice to rectify at any time your personal information by contacting Company support at privacy@richcontext.com.

SHARING OF PERSONAL INFORMATION

Some of your interactions on the Website may be public. These interactions are immediately viewable by other users of this Website. If you add content to the Website, this content may also be viewable by other users of this Website.

We do not sell or trade your personal information with others. We may share personal information as follows with GDPR-compliant third parties:

We may share personal information with your consent. For example, you may let us share personal information with others to provide goods to you at your request.

We may share aggregate or anonymous data (data that has had personally identifying characteristics, like your name or address) with third parties for advertising purposes for our events, services, or products and as part of providing our Website.

We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.

We may share personal information for legal, protection, and safety purposes.

We may share information to comply with laws.

We may share information to respond to lawful requests and legal processes.

We may share information to protect the rights and property of Company, our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use.

We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.

We may share information with those who need it to do work for us.

THIRD PARTY PAYMENT SERVICES

We rely on third parties to process credit card transactions. Currently, we use the service of Stripe, Inc.. For more information on Stripe’s privacy practices, please refer to their Privacy Policy.

STORAGE OF INFORMATION

Your information collected through the Website is processed in the United States. If you are based in the United States and use our Website, you consent to have your data processed by Company in the United States. International clients have differing needs based on their country of origin and we provide custom storage and processing solutions to meet those requirements.

We maintain strict administrative, technical and physical procedures to protect information processed via our servers. Access to information is limited (through user/password credentials and two factor authentication) to those employees who require it to perform their job functions. We use industry-standard technology, including but are not limited to data encryption, firewalls, VPN, physical access controls to safeguard the information we collect from you.

INFORMATION CHOICES AND CHANGES

You may send requests about personal information to our Contact Information below or to privacy@richcontext.com.

CHANGES TO THIS PRIVACY POLICY.

The Website and our business may change from time to time. As a result, at times it may be necessary for Company to make changes to this Privacy Policy. Company reserves the right to update or modify this Privacy Policy at any time and from time to time. We will notify you by email (sent to the e-mail address provided to us by you) or by means of a notice on this Website of any material changes to this Privacy Policy. Your continued use of the Website after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Cookie Policy

Cookies. We may log information using “cookies.” Cookies are small data files stored on your hard drive by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. These cookies have different purposes and this type of information is collected to make the Website more useful to you and to tailor the experience with us to meet your special interests and needs.

The Website only uses the following cookies and for the following purposes:

Functional cookie are cookies used to enhance the user friendliness of the Website for visitors. For example, a cookie is placed to remember that you passed the age gate webpage when you are above legal drinking age. Without this cookie, you would have to re-submit this information on every webpage. The functional cookies of the Website that are stored by Company on your computer only remain valid during your session on the Website.

Analytics cookies are Google Analytics cookies, with the purpose to analyse how visitors use the Website. Company can then make improvements to the usability of the Website. Google only processes data obtained via the Website in an anonymous form. Please visit www.google.com/analytics for more information on Google Analytics.

Third party cookies are cookies of social plugins of certain third parties, such as Facebook or Twitter. This enables a user to share content of the Website on social networks. These plugins also enhance the user friendliness of the Website. The (use of the) data collected by these third parties via the social plugins are exclusively determined by such third party as Company cannot read these cookies (nor can these parties read the cookies of Company). For information regarding these third party cookies please check the respective third party’s privacy policy.

Changing your settings

You can typically remove and reject cookies from our Website with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Website works for you.

DISCLAIMER OF WARRANTIES

COMPANY MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE OR THE CONTENT.  THE USE OF SAME IS AT YOUR OWN RISK.

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS.  COMPANY, ITS LICENSORS, AFFILIATES, PARTNERS AND SUPPLIERS (“OUR GROUP”), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  OUR GROUP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE WEBSITE.  NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY COMPANY IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT COMPANY IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, OUR GROUP IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR GROUP BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLECT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OUR GROUP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH OUR GROUP IS TO DISCONTINUE YOUR USE OF THE WEBSITE. OUR GROUP IS NOT RESPONSIBLE FOR WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE, THE CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.

Jurisdiction and Compliance with Law

You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Company, negatively reflect on the goodwill or reputation of Company and shall take no actions which would cause Company to be in violation of any laws, rulings or regulations applicable to Company.

If you are located in the United States, these Terms are governed and construed with the laws of Arkansas, excluding its conflicts of law rules. You and Company consent to the exclusive jurisdiction of the state and federal courts sitting in Benton County, Arkansas for any actions, suits or other proceedings arising out of, or related to, the enforcement of either party’s rights hereunder. You and Company agree not to commence any action suit or proceeding in any other court and hereby irrevocably and unconditionally waive any objection to the laying of venue in any such court. The parties each agree to waive their separate rights to a trial by jury. If you are located anywhere except the United States, then (i) these terms are governed by English law; and (ii) the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country and (iii) these Terms are governed by English law.

Electronic Communications.

When you visit the Website or send e-mail to Company, you are communicating electronically. Company will communicate with you by e-mail or by posting notices on the Website. you agree that all notices, disclosures, and other communications that Company makes electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, please stop using this Website.

General

You may not assign these Terms or any of your interests, rights or obligations under these Terms.  If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND COMPANY, THESE TERMS OF USE, TOGETHER WITH THE COMPANY PRIVACY AND COOKIE POLICY, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND COMPANY WITH RESPECT TO THE USE OF THE WEBSITE, AND ANY SOFTWARE OR SERVICE, INFORMATION OR CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.

If you have any questions or concerns regarding the Terms, please contact us at INFO@RICHCONTEXT.COM.