Terms and Conditions
1. Content Rights and Intellectual Property
The Website may contain, without limitation, text, names, characters, brand identities, illustrations, artwork, logos, graphics, photographs, videos, music, software, code, or other intellectual property (the “Content”). The Content of this Website is proprietary in nature and consists of the protected copyrights, trademarks, service marks, and other intellectual property of Warsteiner Importers Agency, Inc. and its third party licensors. The unauthorized use of the Content of this Website may subject you to civil or criminal penalties. Pursuant to the Digital Millennium Copyright Act of 1998, you shall not alter, remove or obscure any copyright notice, digital watermarks or any other notice included in the Content.
2. Authorized Use.
To the extent that the Website allows you to post user generated content, or otherwise transmit material or information to the Website or through interfacing site forums, you represent and warrant that the material information and user generated content: i) is original to you; ii) is not confidential or proprietary; iii) does not infringe on another party’s intellectual property rights; iv) does not condone or glamorize under-age drinking, drunk-driving, or excessive consumption of alcoholic beverages; v) is not unlawful, obscene, offensive, malicious, pornographic, defamatory, profane or otherwise objectionable material. You further represent and warrant, with regard to any material, information or user generated content submitted to the Website: i) that no other party has any rights thereto; ii) that any “moral rights” have been waived, and iii) that you grant Warsteiner USA a royalty free, unrestricted, worldwide, perpetual, irrevocable and fully transferable and sub-licensable right to use, reproduce, modify, translate, commercialize, create derivative works from, distribute and display any such material or information. Warsteiner USA reserves the right to remove any user generated content at any time, for any reason; moreover, Warsteiner USA assumes no liability or responsibility which may arise from such content.
Using the Website for any activity which adversely impacts the ability of other people or systems to use the Website or the Internet generally, including, without limitation, flooding or hacking, is expressly prohibited. Due to the global nature of the internet, you hereby agree to comply with all local rules regarding online conduct. You also agree to comply with the applicable rules regarding the export of any data from any country. Warsteiner USA may restrict, suspend or terminate your use of the Website where, in its sole discretion, it determines there has been unauthorized use of Website.
3. Disclaimer of Liability and Waiver of Warranty
The use of this Website is at your own risk. The Content and other material contained on the Website is offered on an AS IS basis. Furthermore, Warsteiner USA cannot ensure that your use of the Website will be uninterrupted. Warsteiner USA makes no express or implied representations as to the availability of the Website, the accuracy of the Content or other material, software, or code contained on the Website, and all other functions of the Website. WARSTEINER USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WARSTEINER USA DOES NOT WARRANT THAT THE WEBSITE WILL BE FREE FROM VIRUSES, ACCESSBLE, UNINTERUPTED, ERROR-FREE, OR THAT THE CONTENT WILL BE ACCURATE. WHILE WARSTEINER USA TAKES REASONABLE STEPS TO SECURE THE WEBSITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WARSTEINER USA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS THAT YOU POST ON OR TRANSMIT THROUGH THE WEBSITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. WARSTEINER USA DISCLAIMS SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW. WARSTEINER USA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AGENTS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES INCURRED IN CONNECTION WITH THE USE OF THIS WEBSITE, ITS LINKED SITES, ITS CONTENT, OR OTHER MATERIAL, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES, COSTS OR LOSSES ARISE FROM THE NEGLIGENCE OR MISCONDUCT OF WARSTEINER USA. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS AND SHALL BE TO DISCONTINUE USE OF THE WEBSITE.
4. Linked Sites
Warsteiner USA may, from time to time, provide features or functionality that may allow you to interact with other sites that are not under the control of Warsteiner USA (“Linked Sites”). Warsteiner USA does not endorse any Linked Sites, and you should read the terms, conditions and policies of any site you visit carefully. You acknowledge and agree that Warsteiner USA is not responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by your use of or reliance upon the content, goods or services available on any Linked Sites. The operators of the Linked Sites are solely responsible for the content of their sites, and Warsteiner USA shall not be responsible for any username, password or other information these sites may collect.
5. General Provisions
Applicable Law and Choice of Forum
Waiver and Severability
The failure of Warsteiner USA to enforce any right under these Terms shall not be deemed a waiver of such right. If any provision of these Terms are found to be unenforceable or otherwise invalid, the remainder of the Terms shall remain in full force and effect.