Acceptance and Modification. Welcome to SelvaRey.com, operated by Pacific Plate Spirits, Inc. (“we,” “us,” “our” or “ours”) for the personal use of persons who are lawfully permitted to purchase and consume alcoholic beverages, in countries and other territories where the purchase and consumption of alcoholic beverages is lawful. Your use of this or any other website, mobile site, Facebook page, Twitter page, Instagram profile or other social media channel owned and/or operated by us (collectively and individually, the “Website”) is governed by these terms of use (the “Terms of Use”). By accessing, browsing and/or using the Website, you acknowledge that you have read, understood, accepted without reservation and agreed to be bound by the Terms of Use, as modified by us from time to time.
Please exit the Website immediately if you do not accept these Terms of Use, are not of a legal age for consuming alcoholic beverages in the country or other territory in which you are located or are accessing the Website in a country or other territory where use of the Website is not permitted.
We reserve the right, at our discretion, to modify these Terms of Use and/or the Website at any time. If we decide to modify the Terms of Use, we will post a new version on the Website and provide you with conspicuous notices or links to notices on the Website regarding such new version. It is your responsibility to review these Terms of Use periodically, and if at any time you find the Terms of Use unacceptable, you should leave the Website and cease all use thereof. Your continued use of the Website following the posting of conspicuous notice of any modification to these Terms of Use signifies that you agree to be bound by these Terms of Use as modified.
Intellectual Property. All materials and content on the Website, including, without limitation, text, marks, graphics, trademarks, logos, slogans, diagrams, photographs, videos, audio clips, sounds, music, layout, data compilations, posts, listings, images, illustrations, designs, know-how, technologies, products and processes (collectively, the “Content”) are protected by copyright or other intellectual industrial property laws and are the exclusive property of and/or controlled by us, our affiliated companies, content providers, or licensors. The compilation of all Content on the Website is our exclusive property and is protected by copyright law.
Except as expressly provided in Section 4 below, nothing on the Website shall be interpreted or construed as granting you a license or right to use any of the Content.
All of the Content, including and all software used to make the Website and the Content available are and shall remain the property of us and our licensors and suppliers. Except as expressly authorized herein or otherwise permitted by us in writing in advance, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble all or any part of the Website or any of the Content.
Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of us or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the owner of such Content is strictly prohibited. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
The appearance of or reference to any third-party name, trademark, service mark and/or logo in any of the Content does not suggest such party’s authorization, approval, or endorsement of us, the Website, or any other party. All such third-party names, trademarks, service marks and/or logos are owned by the respective third party.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send us a written notice by mail, email or fax requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
Use of the Website. You may make personal, non-commercial use of the Website but may not to download (other than page caching) or modify any portion of the Website, the Content or any information or other material you access or copy therefrom, except as specifically authorized on the Website or otherwise with our express written consent. You may not engage in any resale or commercial use of the Website or the Content, any derivative use of the Website and/or Content, or any use of data mining, robots or similar data gathering and extraction services. The Website and/or any portion thereof may not be reproduced, duplicated, copied, distributed, transmitted, broadcast, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. We and our licensors or content providers retain full and complete title to all of the Content, including all associated intellectual property rights, and provide such Content to you under a limited license that we may revoke at any time in our sole and absolute discretion. You acknowledge that you will not acquire any ownership rights by accessing, copying, downloading or printing any of the Content. You hereby covenant and agree that your use of the Website and any permitted use of the Content will not infringe any rights of any third parties.
Username/Password. If the Website is ever structured such that you are able to create an account on the Website, you will be required to be of legal drinking age and may be required to create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from us and our affiliated entities.
Information Deemed Non-Confidential. You acknowledge that you are responsible for any material you may submit to us via the internet, including, without limitation, through the Website. You acknowledge that you are responsible for the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish to us, including, without limitation, through the Website, any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
If you do submit material, and unless we indicate otherwise, you grant us and our affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that we are free to use any ideas, concepts and know-how that you or individuals acting on your behalf provide to us. You grant us and our affiliates the right to use the name you submit in connection with such material, if we so choose. All personal information provided via the Website will be handled in accordance with the site’s online Privacy Policy. You represent and warrant that (i) you own or otherwise control all the rights to the material you post; (ii) that such material is accurate; (iii) that use of the material you supply does not violate any provision herein and will not cause injury to any person or entity; and (iv) that you will indemnify us for all claims resulting from material that you supply.
If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Website or otherwise, you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction and does not place us under any fiduciary or other obligation.
Rules for Using the Website.
In browsing, accessing and/or using the Website, you agree that you will not:
knowingly provide or post any false, misleading, or fraudulent information;
use the Website for any illegal purpose or provide or post any material or information in violation of any applicable law or regulation;
provide or post any information or material that will violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party;
provide or post any information or material that will violate the trade secret rights of any third party;
provide or post any information or material that is defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive;
hold yourself out as someone you are not or otherwise impersonate any other person;
falsely hold yourself out as being of legal age for purchasing and consuming alcoholic beverages in the country or territory in which you are located;
falsely hold yourself out as being located in a country or other territory where the purchase and consumption of alcoholic beverages is lawful;
interfere or tamper with the functioning of the Website or attempt to gain access to information or control of the Website not specifically granted to you;
use the Website to transmit any spyware, virus or similar destructive program or code;
compile any database or list of other Website visitors, or use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services; or
access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
Site Access. We may discontinue all or part of the Website at any time, in our sole and absolute discretion. We may block or limit your access to the Website, with or without notice to you, and without liability to you, if: (i) you violate these Terms of Use; (ii) you violate any applicable law or regulation relating to your use of the Website; (iii) you are not of legal age for purchasing and consuming alcoholic beverages in the country or other territory in which you are located; (iv) you are located in a country or other territory in which the purchase and/or consumption of alcoholic beverages is unlawful; or (v) you engage in any conduct that we, in our sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to us or others. To ensure that we provide a high-quality experience for you and for other users of the Website, you agree that we and/or our representatives may access and/or review information provided when you comment on the Website on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights or other unauthorized uses of the Website.
Please note that if you are accessing the Website via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
Underage Persons. The Website is suitable only for people who (i) are located in a country or other territory where the purchase and consumption of alcoholic beverages is lawful and (ii) are of legal age for purchasing and consuming alcoholic beverages in such country or other territory. By using the Website and/or by registering for an account, you warrant that you (a) are located in a country or other territory where the purchase and consumption of alcoholic beverages is lawful and (b) are of legal age to purchase and consume alcoholic beverages in such country or other territory. Please exit the Website immediately if you are not located in a country or other territory where the purchase and consumption of alcoholic beverages is lawful or if you are not of legal age to purchase and consume alcoholic beverages.
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services identified on such sites.
Change of Information, Availability of Products/Services. We do not sell alcoholic beverages directly through the Website. We may, however, use the Website to provide information regarding such alcoholic beverages or sell merchandise related to them. The information displayed on the Website is subject to change at any time with or without notice. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We make no guarantee that information on the Website is error-free, complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order has been placed or confirmed. In the event a product ordered is no longer available, is not available at the advertised price or if the price has increased, we may decline your offer or we may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
In connection with placing an order, you may be asked by us or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide us or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
Links We may provide, or third parties may provide, links to other websites or resources that we do not control, all of which have their own privacy and data collection practices and legal policies. Because we have no control over such websites and resources, you acknowledge and agree we are not responsible for the availability of such external websites or resources and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such site or resource. Viewing such third-party sites is entirely at your own risk.
Indemnification You agree to defend, indemnify and hold us and our directors, officers, employees, consultants, representatives, agents, affiliates and subsidiaries harmless from and against any and all claims, losses, liabilities, damages, costs and/or expenses (including, without limitation reasonable attorneys’ fees and costs) and demands arising out of or related to (i) your use of the Website, (ii) any material you transmit using the Website or (iii) your violation, breach or alleged violation or breach of these Terms of Use or any of the rights of any other person or entity.
Disclaimer of Warranties. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU ASSUME THE RISK OF AND ALL DAMAGES OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. THE WEBSITE AND ANY AND ALL MATERIAL, INFORMATION AND CONTENT THEREON ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
WE DO NOT WARRANT THAT THE WEBSITE AND/OR ITS SERVERS OR EMAIL SENT FROM US OR THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
WE MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, FROM THE WEBSITE OR DURING THE USE OF SERVICES MADE AVAILABLE THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ALONG WITH OUR AFFILIATES, SUBSIDIARIES AND ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, LICENSORS, AGENTS OR ANY OTHER THIRD PARTIES MENTIONED ON THE WEBSITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SAME, SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), CAPABLE OF RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE WEBSITE OR ITS CONTENT; (ii) ANY UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA; (iii) ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iv) ANY OTHER MATTER RELATING TO US.
ALL MATERIALS THAT ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF WEBSITE ARE AT YOUR OWN RISK AND PERIL. WE ASSUME NO LIABILITY FOR ANY DAMAGE OR VIRUS THAT COULD AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BY REASON OF YOUR ACCESS TO, USE OR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR FOR ANY ILLEGAL INTRUSION OR INTERVENTION IN THE IT SYSTEMS.
IF DESPITE THE LIMITATIONS ABOVE WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATIONS ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF USD $100.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
WE RESERVE THE RIGHT TO INTERRUPT OR DISCONTINUE ANY OR ALL OF THE FUNCTIONALITY OF OUR WEBSITE. WE ACCEPT NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INTERRUPTION OR DISCONTINUANCE OF ANY OR ALL FUNCTIONALITY OF THE WEBSITE RESULTING FROM ACTIONS OR OMISSIONS BY US OR ANY THIRD PARTY.
Rules for Sweepstakes, Contests, Challenges, Activities, Surveys and Similar Promotions. Any sweepstakes, contests, challenges, activities, surveys or similar promotions made available through the Website may be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstakes, contest, challenge, activity, survey or promotion, you will become subject to those rules, which may vary from these Terms of Use. We urge you to read the applicable rules, which are linked from the particular activity, and review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities.
Termination These Terms of Use shall remain effective until terminated as outlined herein. You agree that we, in our sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the Website and remove and/or discard any content within the Website at any time and for any reason. In such event and with respect to any use of the Website on a mobile device, you must immediately remove the Website from your mobile device, including all component parts. You agree that any actions taken under this Section may be effective without prior notice to you.
Miscellaneous Unless otherwise specified, the Website and the Content thereof are displayed solely for the purpose of promoting our products, services, and company. These Terms of Use shall be construed in accordance with the laws of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of Los Angeles, California. By using the Site, you agree and submit to the personal jurisdiction and venue of such courts.
You agree that in the event you have or may have any alleged claim against us or any of our vendors, contractors, licensees or licensors, you shall pursue such claim only in your individual capacity shall not agree to join or be a part of any class action, consolidated action or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorneys’ fees in relation to any claim you have or may have against us or our vendors, licensees or licensors.
These Terms of Use and the Privacy Policy embody the entire agreement between us and you concerning the access to and use of the Website and the Content. Any other terms or conditions issued by us, in particular relating to any service or purchase of product, shall supplement these Terms of Use; in the event of any inconsistency among them, the other terms or conditions shall prevail over these Terms of Use.
The fact that we tolerate a violation by yourself of one of the obligations set out in these Terms of Use or do not enforce a right attributed to us hereunder or under the law shall not be construed as a waiver by us of any such rights.
In the event that any provision of these Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of these Terms of Use maintaining full force and effect between yourself and us.
We may communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
The headings of the provisions of these Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.
Effective Date: January 17, 2022
PACIFIC PLATE SPIRITS, INC. 2022.
All rights reserved.
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