Terms of service

TERMS AND CONDITIONS

In order to enhance your expe­ri­ence of our prod­ucts, O’Neill Vint­ners & Dis­tillers and its affil­i­ates and sub­sidiaries (col­lec­tive­ly, Com­pa­ny”) makes this web­site avail­able for the per­son­al use and enjoy­ment of vis­i­tors who are of legal drink­ing age (the Web­site”). Com­pa­ny has estab­lished these Terms and Con­di­tions so that you will know what is expect­ed from Com­pa­ny, and Com­pa­ny will know what to expect from you. YOUR USE OF THIS WEB­SITE CON­STI­TUTES YOUR AGREE­MENT TO THE FOL­LOW­ING TERMS AND CONDITIONS.

YOU MUST BE OF LEGAL DRINK­ING AGE TO USE THIS WEB­SITE. IF YOU ARE NOT OF LEGAL DRINK­ING AGE, DO NOT AGREE TO THESE TERMS AND CON­DI­TIONS, OR IF YOU LIVE IN A COUN­TRY WHERE CON­SUMP­TION OF ALCO­HOLIC BEV­ER­AGES IS NOT PER­MIT­TED, DO NOT USE THIS WEBSITE.

THESE TERMS AND CON­DI­TIONS INCLUDE AN AGREE­MENT TO MANDA­TO­RY ARBI­TRA­TION, WHICH MEANS THAT YOU AGREE TO SUB­MIT ANY DIS­PUTE RELAT­ED TO THE WEB­SITE OR OUR SER­VICES TO BIND­ING INDI­VID­UAL ARBI­TRA­TION RATHER THAN PRO­CEED­ING IN COURT.

THE DIS­PUTE RES­O­LU­TION PRO­VI­SION ALSO INCLUDES A CLASS ACTION WAIV­ER, WHICH MEANS THAT YOU AGREE TO PRO­CEED WITH ANY DIS­PUTE INDI­VID­U­AL­LY AND NOT AS PART OF A CLASS ACTION.

THESE TERMS AND CON­DI­TIONS ALSO INCLUDE A JURY WAIVER.

MORE INFOR­MA­TION ABOUT THE ARBI­TRA­TION, CLASS ACTION WAIV­ER, AND JURY WAIV­ER CAN BE FOUND IN THE ARBI­TRA­TION AGREE­MENT, CLASS ACTION WAIV­ER, AND JURY WAIV­ER SEC­TION BELOW.

 

PERSONAL AND NON-COMMERCIAL USE

This Web­site is for your per­son­al, non-com­mer­cial use only. The copy­rights to all con­tents of this Web­site are pro­pri­etary to Com­pa­ny or its third-par­ty licen­sors, 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 Com­pa­ny’s writ­ten con­sent. All con­tent, names, logos, taglines, trade­marks, ser­vice marks, design marks, trade dress, brand iden­ti­ties, graph­ics, art­work, videos, music, soft­ware and oth­er intel­lec­tu­al prop­er­ty con­tained on this Web­site are owned or licensed by Com­pa­ny and may not be used by you with­out the pri­or writ­ten con­sent of Company.

 

UNLAWFUL AND PROHIBITED USE

You rep­re­sent and war­rant to Com­pa­ny that you will not use this Web­site for any pur­pose that is unlaw­ful or pro­hib­it­ed by the terms, con­di­tions or notices in these Terms and Con­di­tions and on this Web­site. Any unau­tho­rized use of the con­tent of this Web­site may sub­ject you to civ­il or crim­i­nal penalties.

 

DISCLAIMERS OF WARRANTIES AND DAMAGES

Although Com­pa­ny makes all rea­son­able efforts to ensure that the con­tent of the Web­site is up-to-date and cor­rect, Com­pa­ny makes no war­ranties as to its accu­ra­cy. YOU AGREE THAT USE OF THIS WEB­SITE IS AT YOUR SOLE RISK. ALL MATE­RI­ALS ON THE WEB­SITE ARE PRO­VID­ED AS IS” WITH­OUT WAR­RAN­TY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUD­ING BUT NOT LIM­IT­ED TO, THE IMPLIED WAR­RANTIES OF MER­CHANTABIL­I­TY, FIT­NESS FOR A PAR­TIC­U­LAR PUR­POSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL COM­PA­NY BE LIABLE FOR ANY DIRECT, INDI­RECT, PUNI­TIVE, INCI­DEN­TAL, SPE­CIAL, OR CON­SE­QUEN­TIAL DAM­AGES ARIS­ING OUT OF OR IN ANY WAY CON­NECT­ED WITH THE USE OF THIS WEB­SITE OR ANY INFOR­MA­TION PRO­VID­ED ON OR DOWN­LOADED FROM THIS WEB­SITE. BECAUSE SOME STATES OR JURIS­DIC­TIONS DO NOT ALLOW THE EXCLU­SION OR LIM­I­TA­TION OF LIA­BIL­I­TY FOR CON­SE­QUEN­TIAL OR INCI­DEN­TAL DAM­AGES, THE ABOVE LIM­I­TA­TION MAY NOT APPLY TO YOU.

 

USER INPUT AND SUBMISSIONS

You acknowl­edge that any elec­tron­ic mail, elec­tron­ic mes­sag­ing or oth­er input to Com­pa­ny through this Web­site is non-con­fi­den­tial. The sub­mis­sion of such mate­ri­als in no way cre­ates any oblig­a­tion or duty on the part of Com­pa­ny to post or use such mate­ri­als or, if Com­pa­ny does so, to give you cred­it or pay­ment. You rep­re­sent and war­rant that you own or have per­mis­sion to trans­mit any mate­ri­als, videos, GIFs, images, pho­tographs, con­tent, or com­mu­ni­ca­tions (col­lec­tive­ly, Material(s)”) trans­mit­ted by you to this Web­site and that such Mate­ri­als do not infringe upon, mis­ap­pro­pri­ate, or vio­late the copy­right, trade­mark, oth­er intel­lec­tu­al prop­er­ty, pub­lic­i­ty, or pri­va­cy rights of any third par­ty or non-per­son, whether liv­ing or dead. By sub­mit­ting, trans­mit­ting or post­ing any Mate­r­i­al to this Web­site, you grant Com­pa­ny and all oth­er such third par­ties as Com­pa­ny may des­ig­nate, the absolute, irrev­o­ca­ble, world­wide, per­pet­u­al right and per­mis­sion to repro­duce, pub­lish, store, post, dis­play, dis­trib­ute, iden­ti­fy, depict, mod­i­fy, license, exploit, pre­pare deriv­a­tive works of and/​or oth­er­wise use the Mate­r­i­al, in any man­ner, form, for­mat or media now or here­inafter cre­at­ed and for any pur­pose, includ­ing but not lim­it­ed to adver­tis­ing, all with­out fur­ther notice, con­sent or payment.

All Mate­r­i­al you sub­mit to Com­pa­ny through the Web­site must be your orig­i­nal cre­ation – in oth­er words, you must have cre­at­ed the Mate­r­i­al. If the Mate­r­i­al is not your orig­i­nal cre­ation, the per­son who cre­at­ed the Mate­r­i­al must sub­mit it. By sub­mit­ting Mate­r­i­al to the Web­site, in addi­tion to the rep­re­sen­ta­tions and war­ranties in the para­graph above, you rep­re­sent and war­rant that you are at least legal drink­ing age, and that such Mate­r­i­al, includ­ing the con­tents there­of, is your orig­i­nal cre­ation, has not been copied in whole or in part from any oth­er work, and is your sole and exclu­sive property.

In addi­tion to the rights grant­ed above, by sub­mit­ting Mate­r­i­al to the Web­site which fea­ture or include your image or like­ness, you here­by grant Com­pa­ny per­mis­sion to use your image or like­ness as it appears in any such Mate­r­i­al and to repro­duce, pub­lish, store, post, dis­trib­ute, dis­play, iden­ti­fy, depict, mod­i­fy, license, exploit, pre­pare deriv­a­tive works of and/​or oth­er­wise use the Mate­r­i­al, and to post such Mate­r­i­al (as sub­mit­ted, or as edit­ed, mod­i­fied or oth­er­wise changed at Com­pa­ny’s sole dis­cre­tion) in com­pos­ite or dis­tort­ed char­ac­ter, with or with­out accom­pa­ny­ing music or cred­it to you, in any man­ner, form, for­mat or media now or here­inafter cre­at­ed and for any pur­pose, includ­ing but not lim­it­ed to adver­tis­ing, all with­out fur­ther notice, con­sent or pay­ment. If you sub­mit any Mate­r­i­al that con­tains the image or like­ness of any per­son oth­er than you, you agree to obtain writ­ten per­mis­sion from each such per­son for Com­pa­ny to use such image or like­ness as it appears in such Mate­r­i­al and to post such Mate­r­i­al on the Web­site, in the man­ners described above. By sub­mit­ting any pho­to­graph that con­tains the image or like­ness of any per­son oth­er than you, you rep­re­sent and war­rant that you have obtained such writ­ten per­mis­sion and that such per­son is of legal drink­ing age.

Any Mate­r­i­al sub­mit­ted to the Web­site that shows ille­gal, dan­ger­ous, unsafe, porno­graph­ic, obscene, pro­fane, defam­a­to­ry, libelous, or threat­en­ing activ­i­ty or mate­r­i­al; any activ­i­ty or mate­r­i­al which could con­sti­tute or encour­age con­duct that would be con­sid­ered a crim­i­nal offense, give rise to civ­il lia­bil­i­ty, pro­mote the exces­sive or irre­spon­si­ble con­sump­tion of alco­hol, or oth­er­wise vio­late any law or reg­u­la­tion, or the rights of third par­ties; or that is oth­er­wise deemed by Com­pa­ny, in its sole dis­cre­tion, to be inap­pro­pri­ate (includ­ing, with­out lim­i­ta­tion, if any such pho­to­graph con­tains an image of a com­pet­i­tive prod­uct) will not be post­ed. With­out lim­it­ing the gen­er­al­i­ty of the fore­go­ing, any Mate­r­i­al will not be accept­ed or post­ed, or may be removed to the extent per­mis­si­ble by law, if Com­pa­ny believes, in its sole dis­cre­tion, that it con­tains any of the following:

(a) per­sons under the legal drink­ing age; (b) com­pet­i­tive prod­ucts; © unsafe behav­ior / activ­i­ty that could result in phys­i­cal injury or prop­er­ty dam­age; (d) third par­ty mate­ri­als that you have no rights to, includ­ing with­out lim­i­ta­tion, pho­tographs owned by third par­ties, images or like­ness­es of celebri­ties or oth­er indi­vid­u­als, third par­ty trade­marks, art­work, music, videos, etc.; (e) ille­gal activ­i­ty, includ­ing drug use; (f) obscen­i­ty or pro­fan­i­ty; (g) defam­a­to­ry or libelous con­tent; (h) con­tent dis­parag­ing any brand of Com­pa­ny or any of their com­peti­tors; (i) racist or sex­ist con­tent; (j) harass­ing, abu­sive, vul­gar or porno­graph­ic con­tent; (k) gam­bling; (l) false or mis­lead­ing con­tent; (m) trade secrets, or oth­er con­fi­den­tial com­mer­cial or finan­cial infor­ma­tion; (n) pri­vate infor­ma­tion of any third par­ty includ­ing with­out lim­i­ta­tion, address, phone num­ber, email address, social secu­ri­ty num­ber or cred­it card infor­ma­tion; (o) mali­cious code, virus­es, spy­ware, tro­jans or oth­er harm­ful com­po­nents; or ℗ any con­tent in poor taste.

You must be of legal drink­ing age to sub­mit Mate­r­i­al to the Website.

 

LINKS

The third-par­ty web­sites (includ­ing but not lim­it­ed to social media plat­forms) linked from this Web­site, or any link con­tained in a linked site, are not under Com­pa­ny’s con­trol, and Com­pa­ny does not assume any respon­si­bil­i­ty or lia­bil­i­ty for such third-par­ty con­tent. Com­pa­ny pro­vides these links for your con­ve­nience only, and Com­pa­ny makes no guar­an­tees, rep­re­sen­ta­tions or war­ranties as to, and shall have no lia­bil­i­ty for, any con­tent deliv­ered on any third-par­ty web­site, includ­ing, with­out lim­i­ta­tion, the accu­ra­cy, sub­ject mat­ter, qual­i­ty or time­li­ness of such con­tent. You are respon­si­ble for com­ply­ing with the poli­cies of any third-par­ty web­site you visit.

You must obtain Com­pa­ny’s per­mis­sion to link this Web­site, or any page on the Web­site, to your web­site. The fact that Com­pa­ny may be linked to third par­ty web­sites does not indi­cate that Com­pa­ny has grant­ed per­mis­sion to link, and does not con­sti­tute an affil­i­a­tion with, endorse­ment or rec­om­men­da­tion of such third-par­ty website.

 

PRIVACY POLICY

Infor­ma­tion that you pro­vide Com­pa­ny is sub­ject to the Com­pa­ny Pri­va­cy Pol­i­cy, which is post­ed at the Web­site. The Com­pa­ny Pri­va­cy Pol­i­cy describes what infor­ma­tion is col­lect­ed, how the infor­ma­tion is used, and the choic­es you have about the way the infor­ma­tion is used. By access­ing this Web­site, you agree to be bound by the terms of the Com­pa­ny Pri­va­cy Pol­i­cy and acknowl­edge that while Com­pa­ny takes com­mer­cial­ly-rea­son­able tech­ni­cal, admin­is­tra­tive, and phys­i­cal secu­ri­ty mea­sures to pro­tect your infor­ma­tion, no method of trans­mis­sion over the Inter­net, or method of elec­tron­ic stor­age is 100% secure, so we unfor­tu­nate­ly can­not guar­an­tee absolute secu­ri­ty and we are not respon­si­ble for any harm caused by inter­cep­tion of such data and communications.

 

APPLICABLE LAWS

This Web­site is cre­at­ed and con­trolled by Com­pa­ny in the State of New York. You agree that any claim aris­ing from or relat­ing to this Web­site, the ser­vices pro­vid­ed through this Web­site or these Terms and Con­di­tions shall be gov­erned by the sub­stan­tive laws of the State of New York, with­out giv­ing effect to any prin­ci­ples of con­flicts of law. This Web­site has been designed to com­ply with Unit­ed States law. You are respon­si­ble for com­ply­ing with all applic­a­ble local laws if you access this Web­site from loca­tions out­side the Unit­ed States.

 

ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY WAIVER

Manda­to­ry Bind­ing Arbi­tra­tion. The par­ties to these Terms and Con­di­tions agree that final and bind­ing arbi­tra­tion on an indi­vid­ual basis shall be the sole and exclu­sive forum and rem­e­dy for any and all dis­putes and claims that can­not be resolved infor­mal­ly and that relate in any way to or arise out of our ser­vice, this Web­site or these Terms and Con­di­tions. The par­ties here­to acknowl­edge and agree that the Fed­er­al Arbi­tra­tion Act and fed­er­al arbi­tra­tion law apply to arbi­tra­tions under these Terms and Con­di­tions (despite any oth­er choice of law provision).

Arbi­tra­tion under these Terms and Con­di­tions shall be con­duct­ed by the Amer­i­can Arbi­tra­tion Asso­ci­a­tion (the AAA”). For claims of less than or equal to $75,000 (exclu­sive of attor­ney’s fees, costs, and alleged puni­tive dam­ages or penal­ties), the AAA’s Con­sumer Arbi­tra­tion Rules will apply; for claims over $75,000, the AAA’s Com­mer­cial Arbi­tra­tion Rules will apply. The AAA rules are avail­able at https://​www​.adr​.org. Any Notice of Arbi­tra­tion should be mailed to us at the fol­low­ing address: O’Neill Vint­ners & Dis­tillers 101 Lark­spur Land­ing Cir­cle, Suite 350, Lark­spur, CA, 94939 Attn: Legal Department.

Class Action Waiv­er. TO THE FULLEST EXTENT PER­MIT­TED BY APPLIC­A­BLE LAW, ARBI­TRA­TION SHALL PRO­CEED SOLE­LY ON AN INDI­VID­UAL BASIS WITH­OUT THE RIGHT FOR ANY DIS­PUTES TO BE ARBI­TRAT­ED ON A CLASS ACTION BASIS OR ON BASES INVOLV­ING CLAIMS BROUGHT IN A PUR­PORT­ED REP­RE­SEN­TA­TIVE CAPAC­I­TY ON BEHALF OF OTH­ERS. Dis­putes may not be joined or con­sol­i­dat­ed unless agreed to in writ­ing by all par­ties. No arbi­tra­tion award or deci­sion will have any preclu­sive effect as to issues or claims in any dis­pute with any­one who is not a named par­ty to the arbi­tra­tion. In the event that this CLASS ACTION WAIV­ER is deemed unen­force­able, then any puta­tive class action may only pro­ceed in a court of com­pe­tent juris­dic­tion WITH­OUT A JURY and not in arbitration.

Waiv­er of Rights, Includ­ing to Tri­al by Jury. By agree­ing to arbi­tra­tion, the par­ties under­stand and agree that they are waiv­ing their rights to main­tain oth­er avail­able res­o­lu­tion process­es, such as a court action or admin­is­tra­tive pro­ceed­ing, to set­tle their dis­putes. The rules in arbi­tra­tion are dif­fer­ent. There is no judge or jury, and review of an arbi­tra­tor’s deci­sion is very lim­it­ed. BOTH PAR­TIES FUR­THER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBI­TRA­TION OR IN COURT, THE PAR­TIES BOTH WAIVE ANY RIGHT TO A JURY TRI­AL INVOLV­ING ANY CLAIMS OR DISPUTES.

 

TRADEMARKS

Com­pa­ny is the own­er or exclu­sive region­al licensee of the trade­marks of the prod­ucts list­ed on this Web­site and all relat­ed logos and designs, and many oth­er trade­marks, ser­vice marks, design marks, logos, taglines and trade dress (col­lec­tive­ly, the Trade­marks”) in the Unit­ed States and oth­er countries.

These Trade­marks may not be used: (a) by any third par­ty or in con­nec­tion with any prod­uct or ser­vice that is not autho­rized by Com­pa­ny; © in any man­ner which is deceiv­ing to the pub­lic or which would impair, dilute, or dimin­ish the val­ue of the Trade­marks or harm Com­pa­ny’s rep­u­ta­tion; (d) in any mod­i­fied man­ner, unless autho­rized by Com­pa­ny; and (e) in any man­ner like­ly to cause con­fu­sion, dis­par­age­ment, or dilu­tion as to source.

 

TERMINATION OF USAGE

Com­pa­ny may ter­mi­nate your right to use this Web­site, with or with­out cause at any time in its sole dis­cre­tion, includ­ing, with­out lim­i­ta­tion, upon your vio­la­tion of these Terms and Con­di­tions. In the event of ter­mi­na­tion, all rep­re­sen­ta­tions, war­ranties, indem­ni­fi­ca­tions, and promis­es made by you shall survive.

 

INDEMNITY

You shall indem­ni­fy, defend and hold Com­pa­ny, and its share­hold­ers, sub­sidiaries, affil­i­ates, offi­cers, direc­tors, mem­bers, man­agers, agents, oth­er busi­ness part­ners and employ­ees, harm­less from and against any claim or demand, includ­ing rea­son­able attor­neys’ fees, made by any third par­ty due to or aris­ing out of: (a) Mate­ri­als you sub­mit, post, trans­mit or make avail­able through the Web­site; (b) your use of the Web­site; © your con­nec­tion to the Web­site; (d) your vio­la­tion of these Terms and Con­di­tions; or (e) your vio­la­tion of any rights of another.

 

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Mate­ri­als may be made avail­able via the Web­site by third par­ties not with­in Com­pa­ny’s con­trol. Com­pa­ny is under no oblig­a­tion to scan con­tent post­ed on the Web­site for the inclu­sion of ille­gal or imper­mis­si­ble con­tent. How­ev­er, Com­pa­ny respects the copy­right inter­ests of oth­ers, and it is Com­pa­ny’s pol­i­cy not to per­mit Mate­ri­als known by Com­pa­ny to infringe anoth­er par­ty’s copy­right to remain on the Web­site. Accord­ing­ly, Com­pa­ny com­plies with the fol­low­ing notice and take down pol­i­cy, in full com­pli­ance with Sec­tion 512©(3) of the DMCA (17 U.S.C. § 512 et seq.).

If you believe any Mate­ri­als on the Web­site infringe a copy­right, you should pro­vide Com­pa­ny with writ­ten notice that at a min­i­mum contains:

(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 the Web­site are cov­ered by a sin­gle noti­fi­ca­tion, a rep­re­sen­ta­tive list of such works at the Website;

(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 us to locate the Material;

(iv) Infor­ma­tion rea­son­ably suf­fi­cient to per­mit Com­pa­ny to con­tact the com­plain­ing par­ty, such as an address, tele­phone num­ber, and, if avail­able, an elec­tron­ic mail address at which the com­plain­ing par­ty may be contacted;

(v) A state­ment that the com­plain­ing par­ty has 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 the com­plain­ing par­ty is autho­rized to act on behalf of the own­er of an exclu­sive right that is alleged­ly infringed.

All DMCA notices should be sent to Com­pa­ny’s des­ig­nat­ed Copy­right Agent as fol­lows: O’Neill Vint­ners & Dis­tillers 101 Lark­spur Land­ing Cir­cle, Suite 350, Lark­spur, CA, 94939 Attn: Legal Department.

Upon receipt of a notice of infringe­ment that com­plies or sub­stan­tial­ly com­plies with the DMCA, Com­pa­ny will act prompt­ly to remove or dis­able access to any Mate­r­i­al claimed to be infring­ing. Com­pa­ny will take rea­son­able steps to noti­fy the user that cre­at­ed or post­ed the rel­e­vant Mate­r­i­al that it has removed or dis­abled access there­to. Any user whose Mate­r­i­al has been removed or dis­abled in accor­dance with this pol­i­cy may pro­vide Com­pa­ny with a counter noti­fi­ca­tion under the DMCA. Such counter noti­fi­ca­tion must be pro­vid­ed in writ­ing addressed to Com­pa­ny’s Copy­right Agent at the address list­ed above and must contain:

(i) The user’s elec­tron­ic or phys­i­cal signature;

(ii) Iden­ti­fi­ca­tion of the Mate­r­i­al that has been removed or to which access has been dis­abled and the loca­tion at which such Mate­r­i­al appeared before it was removed or dis­abled, includ­ing the com­plete URL;

(iii) A state­ment under penal­ty of per­jury that the user has a good faith belief that the Mate­r­i­al was removed or dis­abled as a result of mis­take or misiden­ti­fi­ca­tion of the Mate­r­i­al to be removed or dis­abled; and

(iv) The user’s name, address and tele­phone num­ber, and a state­ment that the user con­sents to the juris­dic­tion of the Fed­er­al Dis­trict Court for any judi­cial dis­trict in which Com­pa­ny may be found and that the user will accept ser­vice of process from the per­son who pro­vid­ed the ini­tial noti­fi­ca­tion of infringement.

The DMCA allows Com­pa­ny to restore removed con­tent if the par­ty fil­ing the orig­i­nal DMCA notice does not file a court action against the user with­in 10 busi­ness days of receiv­ing the copy of the counter notification.

Please be aware that if you know­ing­ly mate­ri­al­ly mis­rep­re­sent that Mate­r­i­al or activ­i­ty on the Web­site was removed or dis­abled by mis­take or misiden­ti­fi­ca­tion, you may be held liable for dam­ages (includ­ing costs and attor­neys’ fees) under Sec­tion 512(f) of the DMCA.

It is Com­pa­ny’s pol­i­cy to ter­mi­nate rela­tion­ships regard­ing con­tent with third par­ties who repeat­ed­ly infringe the copy­rights of oth­ers. In no event shall Com­pa­ny be liable for any claim of copy­right infringe­ment which may arise from the post­ing of any Mate­r­i­al on any third-par­ty web­site or that may arise from any oth­er unau­tho­rized use by a third par­ty of such Mate­r­i­al or oth­er Com­pa­ny user gen­er­at­ed content.

 

ACKNOWLEDGMENT AND CHANGES

These Terms and Con­di­tions and the Pri­va­cy Pol­i­cy ref­er­enced here­in rep­re­sent the entire under­stand­ing between you and Com­pa­ny regard­ing your rela­tion­ship with Com­pa­ny and this Web­site and super­sede any pri­or state­ments or rep­re­sen­ta­tions. If any pro­vi­sion of these Terms and Con­di­tions, or por­tion there­of, is deter­mined to be unen­force­able, that pro­vi­sion shall be enforced to the max­i­mum extent per­mis­si­ble so as to affect the intent of the Terms and Con­di­tions and the remain­der of the Terms and Con­di­tions shall con­tin­ue in full force and effect. Com­pa­ny’s fail­ure to enforce any pro­vi­sion of these Terms and Con­di­tions shall not be deemed a waiv­er of such pro­vi­sion nor of Com­pa­ny’s right to enforce such pro­vi­sion. Com­pa­ny reserves the right to change the Terms and Con­di­tions at any time by post­ing changes online. Your non-ter­mi­na­tion or con­tin­ued use of the Web­site after changes are post­ed con­sti­tutes your accep­tance of the Terms and Con­di­tions as mod­i­fied by the post­ed changes.