Redux Beverages End User Terms of Use and Privacy Policy
Your use of this website is subject to certain terms and conditions. The terms and
conditions set forth below (“Terms of Use”), as well as the privacy policy set forth
below (“Privacy Policy”), apply to your use of the portions of this website on which
links to either or both of the Terms of Use or the Privacy Policy appear (the “Site”).
Other portions of this site may be governed by different terms and conditions or
privacy policies. In the event of a conflict between any term or condition of these
Terms of Use or the Privacy Policy, on the one hand, and any other terms of use
or privacy or other policies, on the other hand, the applicable term or condition
of these Terms of Use or the Privacy Policy shall prevail with respect to your use
of the Site. By accessing and using the Site, or by clicking “I Accept” when signing
up for a user account at the Site, you acknowledge that you have read, understood,
and agree to be bound by these Terms of Use and the Privacy Policy referenced below.
If you do not accept these Terms of Use and the Privacy Policy, you are not authorized
to use this Site. We may modify these Terms of Use and the Privacy Policy at any
time and such modification will be effective upon posting to the Site. Introduction
This Site is provided as an interactive and informational resource. It is provided
to you by the owner of this site (“us” or “we” or “our”), in connection with our
partners, service providers, sponsors, or other affiliates. Certain services of
this Site are provided to you in conjunction with our service provider, Redux
Corporation, and their content providers, business partners, and other parties (collectively,
“Service Provider”). Use of the Site This Site contains material, such as software,
text, graphics, images, video, audio and other material (collectively referred to
as the “Content”). The Content may be owned by us or may be provided through an
arrangement we have with others, including other users of the Site, our Service
Provider and their partners, sponsors, or affiliates. The Content is protected by
copyright under both United States and foreign laws. Unauthorized use of the Content
may violate copyright, trademark, and other laws. You have no rights in or to the
Content, and you may not use the Content except as permitted under these Terms of
Use. No other use is permitted without prior written consent from us or the owner
of the Content. You must retain all copyright and other proprietary notices contained
in the original Content on any copy you make of the Content. You may not sell, transfer,
assign, license, sublicense, or modify the Content or reproduce, display, publicly
perform, make a derivative version of, distribute, or otherwise use the Content
in any way for any public or commercial purpose. The use or posting of the Content
on any other website or in a networked computer environment for any purpose is expressly
prohibited. If you violate any part of these Terms of Use, your permission to access
and/or use the Content and Site automatically terminates and you must immediately
destroy any copies you have made of the Content. Various company, product, and service
names displayed on the Site may be trademarks or service marks owned by others (the
“Third-Party Trademarks”). Nothing on this Site should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use any Third-Party
Trademark displayed on this Site. The Third-Party Trademarks may not be used to
disparage any applicable third-party, any of their products or services, or in any
manner in which, in our or our Service Provider’s reasonable judgment, may damage
any goodwill in the Third-Party Trademarks. The Site contains links to third-party
websites (“External Sites”). These links are provided solely as a convenience to
you and not as an endorsement by us of the content on such External Sites. The content
of such External Sites is developed and provided by others. You should contact the
site administrator or webmaster for those External Sites if you have any concerns
regarding such links or any content located on such External Sites. In addition,
the Site contains content posted, stored, or displayed at the direction of users
of the Site, for which we and our Service Provider cannot accept any responsibility
or liability. The Site is for personal use only and may not be used in connection
with any commercial endeavors except those that are specifically approved by us
or our Service Provider. The following activities are expressly prohibited: (i)
collecting usernames and/or email addresses of other users by electronic or other
means for the purpose of sending unsolicited email or other communications, (ii)
any use of the site, which in our or our Service Provider’s sole judgment, degrades
the reliability, speed, or operation of the Site or any underlying hardware or software
thereof, and (iii) any use of the site which is unlawful or in violation of these
Terms of Use. By using the Site, you represent and warrant that you are 13 years
of age or older. Your account may be terminated without warning, if we believe that
you are under 13 years of age. Membership in the Site is subject, in our or our
Service Provider’s sole discretion, to termination at any time. User Content The
Site may now or in the future permit the submission of Content at the direction
of users of the Site (“User Content”) and the hosting, sharing, and/or publishing
of such User Content. You understand that whether or not such User Content is published,
we and our Service Provider do not guarantee any confidentiality with respect to
any submissions. You shall be solely responsible for User Content you submit and
the consequences of our or our Service Provider’s posting or publishing such User
Content. In connection with any User Content you submit, you affirm, represent,
and/or warrant that: (i) you own or have the necessary licenses, rights, consents,
and permissions to use and authorize both us and our Service Provider to use all
patent, trademark, trade secret, copyright or other proprietary rights in and to
any and all User Content to enable inclusion and use of the User Content in the
manner contemplated by the Site and these Terms of Use; and (ii) you have the written
consent, release, and/or permission of each and every identifiable individual person
in the User Content to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the User Content in the manner
contemplated by the Site and these Terms of Use. By submitting the User Content
to us, you hereby grant both us and our Service Provider a perpetual, worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, modify, display, and perform all or any
portion of the User Content in connection with the Site and our (and our successors’)
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. You also hereby grant each user of the Site a non-exclusive
license to access your User Content through the Site, and to use, reproduce, distribute,
prepare derivative works of, display and perform such User Content as permitted
through the functionality of the Site and under these Terms of Use. We or our Service
Provider may maintain copies of any User Content for purposes of backup, security,
or maintenance, or as required by law. In addition to the foregoing licenses, you
hereby grant both us and our Service Provider a perpetual, worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the User Content in connection
with other websites that make use of services provided by our Service Provider.
In connection with User Content, you further agree that you will not: (i) submit
material that is copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless you
are the owner of such rights or have permission from their rightful owner to post
the material and to grant us and our Service Provider all of the license rights
granted herein; (ii) publish falsehoods or misrepresentations that could damage
us or any third party; (iii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense, give
rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business; or (v) impersonate another person.
We do not endorse any User Content or any opinion, recommendation, or advice expressed
therein, and we expressly disclaim any and all liability in connection with any
User Content. We do not permit copyright infringing activities and infringement
of intellectual property rights on this Site, and we will remove all Content and
User Content if properly notified that such Content or User Content infringes on
another's intellectual property rights. We and our Service Provider may remove any
Content and User Content without prior notice. We or our Service Provider may also
terminate your access to the Site, if you are determined to be a repeat infringer.
A repeat infringer is anyone who has been notified of infringing activity more than
once and/or has had any User Content removed from the Site more than twice. We and
our Service Provider also reserve the right to decide whether Content or User Content
is appropriate and complies with these Terms of Use for violations other than copyright
infringement and violations of intellectual property law, such as, but not limited
to, pornography, obscene or defamatory material, or excessive length. We or our
Service Provider may remove such User Content and/or terminate your access for uploading
such material in violation of these Terms of Use at any time, without prior notice
and at its sole discretion. If you are a copyright owner or an agent thereof and
believe that any User Content or other Content infringes upon your copyrights, you
may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA")
by providing our Copyright Agent with the following information in writing (see
17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (ii) 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; (iii)
Identification of the material 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 service provider to locate the
material; (iv) Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if available, an electronic
mail; (v) 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 (vi) 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. Our designated Copyright Agent
to receive notifications of claimed infringement and other notices relating to User
Content and/or violation of these Terms of Use (e.g., violations of criminal laws)
is: Redux Beverages, c/o Redux Email: info@drinkredux.com. For clarity, only DMCA
notices and notices relating to complaints in connection with User Content or violations
of these Terms of Use should go to the Copyright Agent; any other feedback, comments,
requests for technical support, and other communications should be addressed to
our standard support contacts as identified on this site. Indemnity You agree to
defend, indemnify, and hold us and our Service Provider harmless from and against
any claims, actions or demands, including, without limitation, reasonable legal
and accounting fees, arising or resulting from your breach of these Terms of Use
or your uploading of, access to, or use or misuse of the Content or the Site. We
or our Service Provider shall provide notice to you of any such claim, suit, or
proceeding and shall assist you, at your expense, in defending any such claim, suit
or proceeding. We reserve the right to assume the exclusive defense and control
of any matter which is subject to indemnification under this section. In such case,
you agree to cooperate with any reasonable requests assisting our defense of such
matter. Disclaimer of Warranty and Limitation of Liability WE, OUR AFFILIATES OUR
SERVICE PROVIDER, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT
(INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY,
COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER WE NOR OUR SERVICE PROVIDER SHALL
BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION
CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS
OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE
THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK. NEITHER WE NOR OUR SERVICE
PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR‑FREE OR THAT THIS SITE, ITS SERVER,
OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE
FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE
SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. WE AND OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT
OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL
WE OR OUR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO
USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. Some states do not allow exclusion of implied warranties or limitation
of liability for incidental or consequential damages, so the above limitations or
exclusions may not apply to you. IN SUCH STATES, OUR AND OUR SERVICE PROVIDER’S
LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. General These
Terms of Use, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by us and our Service Provider without restriction.
These Terms of Use are governed by the internal substantive laws of the State of
New York, without respect to its conflict of laws provisions. You expressly agree
to submit to the exclusive personal jurisdiction of the state and federal courts
sitting in the City of New York in the State of New York. If any provision of these
Terms of Use 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 the Terms of Use, which shall remain in full force and effect. Failure
by us or our Service Provider to act on or enforce any provision of the Terms of
Use shall not be construed as a waiver of that provision or any other provision
in these Terms of Use. No waiver shall be effective against us or our Service Provider
unless made in writing, and no such waiver shall be construed as a waiver in any
other or subsequent instance. Except as expressly agreed by the us and you, these
Terms of Use constitute the entire agreement between you and us with respect to
the subject matter, and supersede all previous or contemporaneous agreements, whether
written or oral, between the parties with respect to the subject matter. The section
headings are provided merely for convenience and shall not be given any legal import.
These Terms of Use will inure to the benefit of our successors, assigns, licensees,
and sublicensees. Privacy Policy (This Privacy Policy was last updated on June 12,
2006.) Our Policy Through the Site, we and our Service Provider may provide you
with access to varied user-generated and other content and interactive and informational
resources (collectively, “Services”). This Privacy Policy sets forth our and our
Service Provider’s policies with respect to information including personally identifiable
data (“Personal Data”) and other information that is collected from you when using
the Site. Unless otherwise stated in this Privacy Policy, this policy shall be deemed
to apply to us and our Service Provider and all references to “we”, “us” and/or
“our” shall include our Service Provider. Information We Collect When you interact
with us through the Site, we may collect Personal Data and other information from
you, as further described below: Personal Data That You Provide Through the Site:
We collect Personal Data from you when you voluntarily choose to provide such information
such as when you contact us with inquiries, respond to one of our surveys, register
for access to the Services or use certain Services. Wherever we collect Personal
Data we make an effort to provide a link to this Privacy Policy. By voluntarily
providing us with Personal Data, you are consenting to our use of it in accordance
with this Privacy Policy. If you provide Personal Data to this Site, you acknowledge
and agree that such Personal Data may be transferred from your current location
to offices and servers of Service Provider, its affiliates and their contractors
located in the United States and other countries. Other Information: Non-Identifiable
Data: When you utilize the Site, we may receive certain personally non-identifiable
information about your use of the Site. Such information, which is collected passively
using various technologies, cannot presently be used to specifically identify you.
We may store such information ourselves or it may be included in databases owned
and maintained by our affiliates, agents or service providers. We may use such information
and pool it with other information to track, for example, the total number of visitors
to the Site, the number of visitors to each page of the Site, and the domain names
of our visitors' Internet service providers. It is important to note that no Personal
Data is available or used in this process. In operating this Site, we may use cookies.
A cookie is a piece of information that the computer or computers that host our
Site give to your browser when you access a the Site. Our cookies help provide additional
functionality to the Site and help us analyze Site usage more accurately. For instance,
our Site may set a cookie on your browser that keeps you from needing to remember
and then enter a password more than once during a visit to the site. On most web
browsers, you will find a “help” section on the toolbar. Please refer to this section
for information on how to receive notification when you are receiving a new cookie
and how to turn cookies off. We recommend that you leave cookies turned on because
they allow you to take advantage of some of the Site’s features. Aggregated Personal
Data: In an ongoing effort to better understand and serve the users of the Services,
we may conduct research on our end user’s demographics, interests and behavior based
on the Personal Data and other information provided to us. This research may be
compiled and analyzed on an aggregate basis, and we may share this aggregated data
with our affiliates, agents and business partners. This aggregate information does
not identify you personally. We may also disclose aggregated user statistics in
order to describe our services to current and prospective business partners, and
to other third parties for other lawful purposes. Our Use of Your Personal Data
and Other Information: We will use the Personal Data you provide in a manner that
is consistent with this Privacy Policy. If you provide Personal Data for a certain
reason, we may use the Personal Data in connection with the reason for which it
was provided. For instance, if you contact us by e-mail, we will use the Personal
Data you provide to answer your question or resolve your problem. Also, if you provide
Personal Data in order to obtain access to the Services, we will use your Personal
Data to provide access to such services and to monitor your use of such services.
We may also use your Personal Data and other personally non-identifiable information
collected through the Site to help us improve the content and functionality of the
Site, to better understand our users and to improve the Services. We may use this
information to contact you in the future to tell you about services we believe will
be of interest to you. Our Disclosure of Your Personal Data and Other Information
There are certain circumstances in which we may share your Personal Data with certain
third parties without further notice to you, including as set forth below: Business
Transfers: As we develop our business, we might sell or buy businesses or assets.
In the event of a sale, merger, reorganization, dissolution or similar event relating
to all or a portion of our business, assets or this Site, Personal Data may be part
of the transferred assets. Service Providers, Agents and Related Third Parties:
We sometimes hire other companies to perform certain business-related functions.
Examples include mailing information, maintaining databases and processing payments.
When we employ another company to perform a function of this nature, we may need
to provide them with access to certain Personal Data. However, we only provide them
with the information that they need to perform their specific function. Legal Requirements:
We may also disclose your Personal Data if required to do so by law or in the good
faith belief that such action is necessary to (i) comply with a legal obligation,
(ii) protect and defend our rights or property, (iii) act in urgent circumstances
to protect the personal safety of users of the Site or the public, or (iv) protect
against legal liability. Your Choices You can use the Site without providing any
Personal Data, however, you may not be able to use certain Services. Exclusions
This Privacy Policy shall not apply to any unsolicited information you provide to
us through this Site or to through any other means. This includes, but is not limited
to, information posted to any public areas of the Site, such as bulletin boards
(collectively, “Public Areas”), any ideas for new products or modifications to existing
services, and other unsolicited submissions (collectively, “Unsolicited Information”),
including all User Content as that term is defined in our Terms of Use. All such
Unsolicited Information shall be deemed to be non-confidential and we shall be free
to reproduce, use, disclose, and distribute such Unsolicited Information to others
without limitation or attribution. Please also note that any Personal Data or other
information you provide to be displayed in your publicly available online profile
will be displayed for others to see and thus will not be subject to the terms of
this Privacy Policy. We cannot and will not be responsible for what third parties
do with any Personal Data or other information that you choose to make publicly
available. As such, we advise that you exercise great care in determining what information
you choose to make publicly available through this Site. Children We do not knowingly
collect Personal Data from children under the age of 13. If you are under thirteen,
please do not submit any Personal Data through the Site. We encourage parents and
legal guardians to monitor their children’s Internet usage and to help enforce our
Privacy Policy by instructing their children to never provider Personal Data on
this Site without their permission. If you have reason to believe that a child under
the age of 13 has provided Personal Data to us through this Site, please contact
us, and we will endeavor to delete that information from our databases. Links to
Other WebSites This Privacy Policy applies only to the Site. The Site may frame
or contain references or links to other websites not operated or controlled by Service
Provider (the “Third Party Sites”). The policies and procedures we described here
do not apply to the Third Party Sites. The links from the Site do not imply our
Service review or endorsement of the Third Party Sites. We suggest contacting those
sites directly for information on their privacy policies. Security We take reasonable
steps to protect the Personal Data provided via the Site from loss, misuse, and
unauthorized access, disclosure, alteration, or destruction. However, no Internet
or e-mail transmission is ever fully secure or error free. In particular, e-mail
sent to or from the Site may not be secure. Therefore, you should therefore take
special care in deciding what information you send to us via e-mail. Please keep
this in mind when disclosing any Personal Data to us Provider via the Internet.
Changes to Our Privacy Policy The Site may change from time to time. As a result,
at times it may be necessary for us to make changes to this Privacy Policy. Accordingly,
we reserve the right to update or modify this Privacy Policy at any time and from
time to time without prior notice. Please review this policy periodically, and especially
before you provide any Personal Data. This Privacy Policy was last updated on the
date indicated above. Your continued use of the Site after any changes or revisions
to this Privacy Policy shall indicate your agreement with the terms of such revised
Privacy Policy. Access to Information; Contacting Us Through the Site, we provide
you with access to update your profile and revise Personal Data previously submitted
to the Site. You may contact us in the event you have questions about Service this
Privacy Policy or our information practices. You may contact our Service Provider
at the contact details set forth above in our Terms of Use. info@drinkredux.com
or Redux Beverages LLC 41120 Elm St., Suite H203 Murrieta, CA 92562 Office: (951)
304-1144 Fax: (760) 888-0332 |