Effective Date: [12-01-2024]
Welcome to The Spirits Business Directory (“The Spirits Business Directory”, “we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our websites, including but not limited to this website, and any other online services provided by us or our affiliates and subsidiaries (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with these Terms, please discontinue use of the Services immediately.
1. Acceptance of Terms
By utilizing the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, which constitute a legally binding agreement between you and The Spirits Business Directory. We reserve the right to modify these Terms at any time by posting amended Terms on our website. Such changes become effective immediately upon posting, and your continued use of the Services constitutes your acceptance of the amended Terms. It is your responsibility to regularly review these Terms to stay informed of any changes.
2. Access and Availability
The Spirits Business Directory reserves the right to modify, suspend, discontinue, or terminate, temporarily or permanently, any aspect of the Services with or without notice. We may also impose limits on certain features or restrict your access to parts or all of the Services without liability. We are not liable for any modification, suspension, or discontinuation of the Services.
You are responsible for implementing appropriate measures to protect your devices from viruses, malware, and other harmful components when accessing the Services. The Spirits Business Directory shall not be liable for any damage to your device or loss of data resulting from your use of or access to the Services.
3. Use of the Services
3.1 Eligibility
You must be at least [insert minimum age, e.g., 18] years old to use the Services. By using the Services, you represent and warrant that you meet the eligibility requirements.
3.2 Account Registration
Certain features of the Services may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
3.3 Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Unlawful Activities: Posting, transmitting, or otherwise making available any Content that violates any applicable laws or regulations.
- Intellectual Property Infringement: Uploading or sharing Content that infringes upon the intellectual property rights of others.
- Offensive Content: Sharing Content that is defamatory, obscene, offensive, hateful, or otherwise objectionable.
- Malware: Transmitting viruses, worms, or other malicious software or code.
- Unauthorized Access: Attempting to gain unauthorized access to the Services, accounts, computer systems, or networks connected to the Services.
- Interference: Disrupting or interfering with the integrity or performance of the Services or the data contained therein.
4. Content
4.1 User-Generated Content
Advertisers and users may submit Content to the Services, including but not limited to text, images, videos, and links (“User Content”). By submitting User Content, you grant The Spirits Business Directory a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Content in connection with the Services.
4.2 Content Standards
All User Content must comply with the following standards:
- Legality: Content must not violate any applicable laws or regulations.
- Respect: Content must not be defamatory, obscene, offensive, hateful, or infringe upon the rights of any third party.
- Intellectual Property: Content must not infringe on any intellectual property rights.
- Accuracy: Content must be accurate and not misleading.
The Spirits Business Directory reserves the right to remove or modify any User Content that violates these standards or these Terms without prior notice.
5. Third-Party Links and Resources
The Services may contain links to third-party websites or resources (“Third-Party Links”). You acknowledge and agree that The Spirits Business Directory is not responsible or liable for the availability, accuracy, or content of such Third-Party Links. Inclusion of any Third-Party Links does not imply endorsement by The Spirits Business Directory. Accessing and using Third-Party Links is at your own risk.
6. Disclaimers
6.1 No Liability for Transactions
The Spirits Business Directory operates as a marketplace platform facilitating introductions between Advertisers and customers. We are not a party to any transactions or agreements between Advertisers and customers and do not assume any liability for such transactions.
6.2 No Warranty on Content
We do not guarantee the accuracy, completeness, reliability, or legality of any Content on the Services. All Content is provided “as is” without warranties of any kind, either express or implied.
6.3 No Endorsement
The presence of any Content on the Services does not imply endorsement by The Spirits Business Directory. We do not verify the identities or qualifications of Advertisers or the quality of their services.
7. Limitation of Liability
To the fullest extent permitted by law, The Spirits Business Directory, its directors, officers, employees, agents, affiliates, and subsidiaries shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the Services;
- Any unauthorized access to or use of our servers and/or any personal information stored therein;
- Any interruption or cessation of transmission to or from the Services;
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services;
- Any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Services.
Our total liability to you for all claims arising out of or relating to these Terms or the Services is limited to USD $10.00.
8. Intellectual Property
8.1 Ownership
All intellectual property rights in the Services and Content provided therein, including but not limited to software, design, text, graphics, logos, and compilation thereof, are owned by or licensed to The Spirits Business Directory and are protected by copyright laws and international treaties.
8.2 Restrictions
You may not:
- Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any Content from the Services.
- Remove, alter, or obscure any proprietary notices or labels on Content from the Services.
8.3 License to Use Your Information
By submitting Content, you grant us a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display your Content for the purposes of operating, promoting, and improving the Services.
You warrant that you have all necessary rights to grant the above license and that your Content does not violate any third-party rights or applicable laws. You agree to indemnify and hold harmless The Spirits Business Directory from any claims arising out of your breach of this warranty.
9. Indemnification
You agree to indemnify, defend, and hold harmless The Spirits Business Directory, its directors, officers, employees, agents, affiliates, and subsidiaries from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with:
- Your access to or use of the Services;
- Your violation of these Terms;
- Your violation of any third-party rights, including intellectual property rights.
10. No Agency Relationship
Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and The Spirits Business Directory. Neither party has the authority to bind the other in any respect.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in New Jersey for the resolution of any disputes arising out of or relating to these Terms or your use of the Services.
12. Termination
The Spirits Business Directory may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease, and you must promptly destroy all copies of any materials obtained from the Services.
13. Miscellaneous
13.1 Entire Agreement
These Terms constitute the entire agreement between you and The Spirits Business Directory regarding the use of the Services and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral.
13.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.
13.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The Spirits Business Directory's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14. Contact Information
For any questions about these Terms, please contact us at:
The Spirits Business Directory
Last Updated: [12-01-2024]