The following terms and conditions (the “Terms and Conditions”) govern your use of the American Craft Spirits Association website, www.americancraftspirits.org, including without limitation, the home page, splash pages and all other pages under the same top level domain name, and all content thereon (the “Site”) as provided by the American Craft Spirits Association (“ACSA” or “We”).
Age Requirement for Use of Site
The Site is intended only for the use and enjoyment of persons who are of legal age to consume and purchase beverage alcohol (21 years old in the United States of America). You should be of legal drinking age or older to access or otherwise use the Site and related services, and to participate in the programs offered thereon.
Services Available on the Site
In addition to certain information and programs that may be offered on the Site from time to time, We may, from time to time, make certain services available to visitors to the Site, including, but not limited to, chat rooms and discussion boards, downloadable items such as screensavers or other software, and the ability to communicate with other users of the Site (the “Services”). Site visitors are solely responsible for any user information and other content they post on and through the Site. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on or through any public portions of the Site, that such information is generally accessible to and may be collected and used by others and may result in unsolicited messages from other people. Visitors to and users of the Site are encouraged to exercise caution when providing personal information about themselves on public portions of the Site. By accessing the Site, you, the user agrees to release and discharge ACSA, its affiliates, board members and creators of the Site from any and all liability which may arise from your use of the Site and the Services.
You acknowledge and agree that in connection with your use of the Site and Services you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. We are not responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
You agree to access and use the Site in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. You agree not to use this Site for any illegal or wrongful purposes. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us or the copyright owner; (b) are unlawful, threatening, harassing, profane, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful, (c) encourage, condone, promote or suggest under-age, excessive or irresponsible consumption of alcoholic beverages, (d)restrict or inhibit any other user from using and enjoying the Site, (e) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (f) contain a virus or other malicious or technologically harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You also warrant and agree that you shall not: (a) impersonate, or misrepresent any information about yourself and/or your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorized access to other computer systems through the Site.
Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is protected under copyright laws.
We have no obligation to monitor any content on or through the Site and we assume no such obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private e-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
You acknowledge that (a) the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) ACSA and/or third parties own all right, title and interest in and to the Site and any software provided through or in conjunction with the Site, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, rent, lease, license, sublicense, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, assign, reverse engineer, disassemble, modify, loan, export or otherwise attempt to derive source code, technology or other materials from the Site; (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Site; (iii) use the Site to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights; or (iv) remove, obscure, or alter ACSA or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site.
You should assume that all trademarks, logos, designs, slogans, and trade dress appearing on the Site, whether or not appearing in large print, italics, or with the trademark symbol, are owned by ACSA, its sponsors, exhibitors, members or are used under license, by permission, or otherwise lawfully. The Site may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of ACSA and/or other parties. No license to, or right in, any such trademarks, logos, designs, slogans, trade dress, patents, trade secrets, technologies, products, processes, or other proprietary rights of ACSA and/or other parties is granted to, or conferred upon, you.
We hereby grant to you a limited, nonexclusive, nontransferable license to access and use the Site solely for your personal and noncommercial purposes. The license granted to you shall automatically terminate if you do not comply with any aspect of these Terms and Conditions. For clarity, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. You may not, distribute, modify, transmit, reuse, repost, or use the content of the Site, including text, images, audio, or video content, for public or commercial purposes. You should assume that everything you see or read on the Site is copyrighted and may not be used, except as expressly provided in these Terms and Conditions or in the text on the Site, without the written permission of ACSA. ACSA neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by, or affiliated with, ACSA or applicable law.
You may not use, download, or export the Site in violation of any applicable laws or regulations. You may not use the Site in any manner that could damage, disable, overburden, or impair ACSA’s servers or networks, or interfere with any other party’s use and enjoyment of the Site. ACSA may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.
Links from and to the Site
This Site may contain information or content brought to you by third parties or through links to other internet websites (“Linked Sites”). We do not control nor assume any responsibility for the information provided by third parties or the content of other Internet websites to which links are provided. Links to Linked Sites do not constitute an endorsement by or association with ACSA of such sites or the content, products, advertising or other materials presented on such sites. You acknowledge and agree that We shall not be liable, directly or indirectly, for any damage or loss relating to or arising out of your use of or reliance on such information or other content or for the practices of any non-ACSA site or resource operator, including with respect to the protection of personally identifiable information or goods or services available on such Linked Sites.
Disclaimer of Representations and Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS (INCLUDING ANY SERVICES) PRESENTED HEREIN IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER IMPLIED, EXPRESS OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, CURRENCY, SECURITY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, OR THAT MIGHT OTHERWISE ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ACSA DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ACSA MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. YOU HEREBY EXPRESSLY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL
INTRUSION OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE.
No advice, results or information, whether oral or written, obtained by you from ACSA or through the Site shall create any warranty not expressly made herein. If you are dissatisfied with the Site for any reason, your sole remedy is to discontinue using the Site.
Limitation of Liability
ACSA AND ITS BOARD OF DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MEMBERS, SPONSORS, EXHIBITORS, AND CONTENT AND SERVICE PROVIDERS (THE “ACSA PARTIES”) DISCLAIM ALL LIABILITY FOR ANY DAMAGES, NO MATTER THEIR ALLEGED CAUSE NOR THEORY OF LIABILITY ON WHICH THEY ARE BASED, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA OR BUSINESS OPERATION. IN NO INSTANCE SHALL ANY OF THE ACSA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES WHATSOEVER, IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO (INCLUDING THE SERVICES), INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF ANY OF THE ACSA PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE ABOUT YOUR USE OF THE SITE OR ITS CONTENTS OR THE SERVICES IS LIMITED TO YOUR RIGHT TO STOP USING THE SITE.
IN NO EVENT SHALL ANY OF THE ACSA PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE OR SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE ACSA PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE ($100.00) U.S. DOLLARS. IF THE LAWS OF ANY JURISDICTION DO NOT ALLOW A COMPLETE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SUCH DISALLOWANCE SHALL BE APPLIED ONLY TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to indemnify, defend and hold harmless ACSA and its respective board of directors, members, sponsors, and exhibitors in respect of all losses, liabilities, costs, claims, damages, and demands (including reasonable attorneys’ fees) arising out of or relating to your use of the Site or Services, including the content on the Site, or any other associated programs (including any user-generated content you post or submit to the Site), your breach of any aspect of these Terms and Conditions or your violation or misappropriation of any rights of another in connection with the Site or Services.
The Terms and Conditions and the relationship between you and ACSA shall be governed by the laws of the State of New York without regard to conflict of law provisions.
Any provisions of these Terms and Conditions that by their terms or nature survive after you cease using the Site or decide to no longer be a registered user, as well as the provisions of these Terms and Conditions concerning consent to collection and use of data, disclaimers of warranties, limitation of liability, indemnities, proprietary rights, dispute resolution, survival, and interpretation of these Terms and Conditions shall remain in effect after you cease using the Site or decide to no longer be a registered user.
You may not assign or transfer your rights or obligations under these Terms and Conditions without the prior written consent of ACSA. We may assign these Terms and Conditions to a subsidiary, affiliate or successor to all or a substantial part of its business and assets without your consent. Subject to the foregoing, these Terms and Conditions will inure to the benefit of and be binding upon the successors and permitted assigns of User and ACSA.
If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, User and ACSA nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
The failure of ACSA to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
Section headings in these Terms and Conditions are used solely for the convenience of the parties and have no legal or contractual significance.
Should you have any questions regarding this Site or the terms and conditions of its use, please contact us: Teresa McDaniel, Operations Administrator, at Teresa@americancraftspirits.org
What information do we collect?
We collect information from you when you register on the Site, become a member of ACSA, register for a conference, or become a sponsor or exhibitor, whether through the Site or via alternative means, including but not limited to completion of ACSA documents and forms.
As appropriate, you may be asked to enter your name, email address, mailing address, phone number and credit card information. We may also collect your Internet Protocol (“IP”) address.
Who do we share your information with?
- Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include agencies providing marketing assistance, providing conference administration assistance, processing credit card payments, and providing User service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
- Affiliated Businesses: We work closely with affiliated businesses, namely the companies sponsor or exhibit on the ACSA website or at conferences. These businesses may be provided your name, address, email address, and phone number to send you promotional offerings. We cannot control and nor are We liable for contact attempts from these companies to you.
- Promotional Offers: Sometimes We send offers to Users on behalf of other businesses. If you do not want to receive such offers, please let us know by contacting us at Teresa@americancraftspirits.org or 502.807.4249.
Any of the information We collect from you may be used in one of the following ways:
- To personalize your experience: Your information helps ACSA to better respond to your individual needs;
- To improve the Site: We continually strive to improve the Site offerings based on the information and feedback We receive from you;
- To improve customer service: Your information helps ACSA to more effectively respond to your requests and support needs;
- To administer a contest, promotion, survey or other Site feature;
- To send periodic emails: The email address you provide for order processing may be used to send you information and updates.
How do we protect your information?
The security of your personal identifying information (such as your credit card number) is important to ACSA. Therefore, We implement a variety of generally accepted industry standard security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
All supplied sensitive/credit information is transmitted via Secure Socket Layer (“SSL”) technology and then encrypted into the payment gateway provider’s database only to be accessible by authorized individuals. After a transaction, your private information (credit card number, etc.) will not be stored on ACSA servers. Although no transmission over the internet is 100% secure, We strive to use commercially acceptable methods to keep your information safe.
Yes. Cookies are small files that a site or its service provider transfers to your computer hard drive through your web browser, if you allow, that enables the site or service provider’s systems to recognize your browser and capture and remember certain information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personal identifying information. This does not include trusted third parties who assist in operating the Site, conducting business, or servicing you, so long as those parties agree to keep this information confidential. However, non-personal identifying visitor information may be provided to other parties for marketing, advertising, or other uses.
We reserve the right to disclose your personal identifying information as required by law and when We believe that disclosure is necessary to comply with a judicial proceeding, court order, or legal process, to operate the Site properly, or to protect ourselves or our users.
You may choose to have your name taken off the ACSA email list or to “opt-out” of having your personal identifying information used for certain purposes, including but not limited to receiving additional marketing materials from ACSA. If you no longer wish to receive marketing and promotional materials from ACSA, you may contact us at [INSERT].
Unless specifically requested, We do not solicit nor wish to receive any confidential, secret or proprietary information or other material from you through the Site, by email, or in any other way. Any unsolicited information or material submitted or sent to ACSA will not be deemed to be confidential or secret.
Posting Information to the Site:
You are solely responsible for any information and other content you post on or through the Site. You understand that anything you post on or through the Site is generally accessible to and may be collected and used by others and may result in unsolicited messages or other contact from others. Users of any available forums are encouraged to exercise caution when providing information about themselves.