Security Policy
We understand you may have concerns
regarding protection of credit card numbers, account information, and
general privacy when transacting via the Internet. Your concerns are
our concerns and you can rest assured that our commitment to your
security and privacy will always be upheld. The importance of security
for all personally identifiable information associated with our users is
of utmost concern to us. We exercise great care in providing secure
transmission of personal information from user's computers, utilizing
encryption software.
We offer Security Guarantees and
individual payment methods such as Visa, MasterCard, and American
Express. The most stringent security measures are followed to ensure
that your credit card information is always safe.
Your browser can recognize if the page
you are on is secure. On the page you're typing your credit card
information, right click your mouse, select "properties," and you will
see information verifying that the page you are currently on is
encrypted and secure.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject
to the terms and conditions of this Agreement, we hereby grant you a
limited, revocable, non-transferable and non-exclusive license to access
and use the Site by displaying it on your internet browser only for the
purpose of shopping for personal items sold on the Site and not for any
commercial use or use on behalf of any third party, except as
explicitly permitted by us in advance. Any breach of this Agreement
shall result in the immediate revocation of the license granted in this
paragraph without notice to you.
Except as permitted in the paragraph
above, you may not reproduce, distribute, display, sell, lease,
transmit, create derivative works from, translate, modify,
reverse-engineer, disassemble, decompile or otherwise exploit this Site
or any portion of it unless expressly permitted by us in writing. You
may not make any commercial use of any of the information provided on
the Site or make any use of the Site for the benefit of another business
unless explicitly permitted by us in advance. We reserve the right to
refuse service, terminate accounts, and/or cancel orders at its
discretion, including, without limitation, if we believe that customer
conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or
otherwise publish through this Site any Content, information, or other
material that (a) violates or infringes the copyrights, patents,
trademarks, service marks, trade secrets, or other proprietary rights of
any person; (b) is libelous, threatening, defamatory, obscene,
indecent, pornographic, or could give rise to any civil or criminal
liability under U.S. or international law; or (c) includes any bugs,
viruses, worms, trap doors, Trojan horses or other harmful code or
properties.
Content provided on this site is solely for informational purposes. It is your sole
responsibility to consult a licensed physician or qualified health care
professional for advice, diagnosis, and/or treatment of any health
related condition. Submissions or opinions expressed on this Site are
that of the individual expressing such Submission or opinion and may not
reflect our opinions. Product representations expressed on this Site
are that of the vendor and are not made by us.
We may assign you a password and account
identification to enable you to access and use certain portions of this
Site. Each time you use a password or identification, you will be deemed
to be authorized to access and use the Site in a manner consistent with
the terms and conditions of this Agreement, and we have no obligation
to investigate the authorization or source of any such access or use of
the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE
BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO
YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY
AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND
TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION
FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and
confidentiality of the password and identification assigned to you. You
shall immediately notify us of any unauthorized use of your password or
identification or any other breach or threatened breach of this Site's
security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in
this Agreement or on the Site, anything that you submit or post to the
Site and/or provide us, including without limitation, ideas, know-how,
techniques, questions, reviews, comments, and suggestions (collectively,
"Submissions") is and will be treated as nonconfidential and
nonproprietary, and we shall have the royalty-free, worldwide,
perpetual, irrevocable and transferable right to use, copy, distribute,
display, publish, perform, sell, lease, transmit, adapt, create
derivative works from such Submissions by any means and in any form, and
to translate, modify, reverse-engineer, disassemble, or decompile such
Submissions. All Submissions shall automatically become our sole and
exclusive property and shall not be returned to you.
In addition to the rights applicable to
any Submission, when you post comments or reviews to the Site, you also
grant us the right to use the name that you submit with any review,
comment, or other Content, if any, in connection with such review,
comment, or other content. You represent and warrant that you own or
otherwise control all of the rights to the reviews, comments and other
Content that you post on this Site and that use of your reviews,
comments, or other Content by us will not infringe upon or violate the
rights of any third party. You shall not use a false e mail address,
pretend to be someone other than yourself or otherwise mislead us or
third parties as to the origin of any Submissions or Content. We may,
but shall not be obligated to, remove or edit any Submissions (including
comments or reviews) for any reason.
INTELLECTUAL PROPERTY
All text, graphics, button icons, images,
audio clips, and software (collectively, "Content"), belongs
exclusively to DJ Beverage Innovations LLC, or its affiliates. The
collection, arrangement, and assembly of all Content on this Site (the
"Compilation") belongs exclusively to DJ Beverage Innovations LLC. or
its affiliates. All software used on this Site (the "Software") is the
property of DJ Beverage Innovations LLC.., its affiliates or its
Software suppliers. The Content, the Compilation and the Software are
all protected by U.S. and international copyright laws. BeerTubes,
BeerTubes.com, DrinkTubes, DrinkTubes.com and other logos, slogans,
trade names or words are registered trademarks, trademarks or service
marks of DJ Beverage Innovations LLC., its affiliates, suppliers, or
third parties. The use of any of our trademarks or service marks without
our express written consent is strictly prohibited. You may not use our
trademarks or service marks in connection with any product or service
in any way that is likely to cause confusion. You may not use our
trademarks or service marks in any manner that disparages or discredits
us. You may not use any of our trademarks or service marks in meta tags
without prior explicit consent.
PRIVACY POLICY
Please
review our Privacy Policy, which also governs your visit to this Site,
to understand our practices. Our Privacy Policy is available at
http://www.beertubes.com/t-privacy.aspx.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items
purchased by you pass to you upon our delivery of the items to the
carrier pursuant to our standard terms of sale
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or
equitable remedies, we may, without prior notice to you, immediately
terminate the Agreement or revoke any or all of your rights granted
under this Agreement. Upon any termination of this Agreement, you shall
immediately cease all access to and use of the Site and we shall, in
addition to any other legal or equitable remedies, immediately revoke
all password(s) and account identification issued to you and deny your
access to and use of this Site in whole or in part. Any termination of
this Agreement shall not affect the respective rights and obligations
(including without limitation, payment obligations) of the parties
arising before the date of termination.
INTERNATIONAL ACCESS
This Site may be accessed from countries
other than the United States. This Site may contain products or
references to products that are not available outside of the United
States. Any such references do not imply that such products will be made
available outside the United States. If you access and use this Site
outside the United States you are responsible for complying with your
local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE
STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS
SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE
TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS"
BASIS. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE
MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT
WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO
THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR
CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE
FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT
OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY
PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an
incorrect price or with incorrect information due to typographical error
or error in pricing or product information received from our suppliers,
we shall have the right to refuse or cancel any orders placed for
product listed at the incorrect price. We shall have the right to refuse
or cancel any such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already been
charged for the purchase and your order is canceled, we shall
immediately issue a credit to your credit card account in the amount of
the charge.
LINKS
This site may contain links to other
sites on the Internet that are owned and operated by third parties. You
acknowledge that we are not responsible for the operation of or content
located on or through any such site.
COPYRIGHT COMPLAINTS
We respect the intellectual property of
others. If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact us at
info@beertubes.com
REMEDIES
You agree that our remedy at law for any
actual or threatened breach of this Agreement would be inadequate and
that we shall be entitled to specific performance or injunctive relief,
or both, in addition to any damages that we may be legally entitled to
recover, together with reasonable expenses of any form of dispute
resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be
exclusive of any other, whether at law or in equity, including without
limitation damages injunctive relief, attorneys' fees and expenses.
No
instance of waiver by us of our rights or remedies under these terms
and conditions shall imply any obligation to grant any similar, future
or other waiver.
APPLICABLE LAW
This site is created and controlled by us
in the State of Ohio, USA. As such, the laws of the State of Ohio will
govern these disclaimers, terms, and conditions, without giving effect
to any principles of conflicts of laws.
DISPUTES
Any dispute relating in any way to your
visit to the Site or to the products you purchase through the Site shall
be submitted to confidential arbitration in Columbus, OH, except that
to the extent you have in any manner violated or threatened to violate
our intellectual property rights, we may seek injunctive or other
appropriate relief in any state or federal court in the State of Ohio.
You hereby consent to, and waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to venue and
jurisdiction in the state and federal courts of Ohio. Arbitration under
these Terms of Use shall be conducted pursuant to the Commercial
Arbitration Rules then prevailing at the American Arbitration
Association. The arbitrator's award shall be final and binding and may
be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class action proceedings or
otherwise. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of, related to or
connected with the use of the Site or this Agreement must be filed
within one (1) year after such claim or cause of action arose or be
forever banned.
SEVERABILITY
If any these provisions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be
deemed several and shall not affect the validity and enforceability of
any remaining provision.
OUR ADDRESS
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
BeerTubes.com
8400 Industrial Parkway
Plain City, Ohio 43064