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Terms of Use

Terms of Use

These Terms of Use ("Agreement") constitute a valid, binding contract between you and Mixology Warehouse, Inc., a U.S. Virgin Islands corporation ("Mixology Warehouse,") and the owner and operator of the site accessible through mixologywarehouse.com, with respect to the use of this website (the "Site"). The information provided on this site is provided subject to compliance with the terms of this Agreement. YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME. Please read this Agreement carefully as it forms a binding contract between you and Mixology Warehouse. Please print a copy of this Agreement for your records.

If you choose to enter the Essay Contest, you are also subject to the terms of our Official Rules For The Letter Contest. Click here to view that contract. To the extent there is any conflict or contradiction between the Official Rules For The Letter Contest and the Terms of Use, the Official Rules For The Letter Contest shall take precedence and control. Mixology Warehouse takes the issue of privacy on the Internet very seriously. To view our privacy policy, click here.

Use of Contents

You may use the Site only for your personal, noncommercial use. Content copied, downloaded or printed must retain all copyright, trademark and other proprietary notices. For commercial use of the informational content of the Site, you must secure the written consent from Mixology Warehouse. See also Access and Interference, by clicking here.

Use of Site

Your use of the Site is at the sole discretion of Mixology Warehouse, who may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site does not entitle you to continued use of the Site. Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

1. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
2. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
3. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
4. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.

Mixology Warehouse makes no representation regarding accessing the materials on this Site from jurisdictions where their contents are illegal is prohibited. Those users who choose to access this Site from other locations do so at their own risk and are responsible for compliance with local laws and regulations.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass any code that may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.

You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by Mixology Warehouse. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mixology Warehouse or its affiliates without prior express written consent. You may not use meta tags or any other "hidden text" utilizing Mixology Warehouses’ name or trademarks without the express written consent of Mixology Warehouse. Systematic retrieval of data from this site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Mixology Warehouse is strictly prohibited.

User Submissions

By voluntarily submitting information or other communications (including contest entries) to the Site, you agree that such submissions are subject to rules applicable to entrants to My Paradise Business Contest. For more information, click here to view Official Rules For The Mixology Warehouse Liquor Store Contest: My Paradise Business.

Links to Other Sites

The Site may contain links to third party websites. Regardless of whether Mixology Warehouse is a participant in affiliate program in relation to links offered on our site, those links are not intended to state or imply that Mixology Warehouse sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. Mixology Warehouse makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk. Such third party websites are not under the control of Mixology Warehouse. Please note that Mixology Warehouse, not its affiliates, is not responsible for the accuracy or content of websites of other providers that may have links from this Site. Accordingly, Mixology Warehouse can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that Mixology Warehouse has provided this link serve as an endorsement by Mixology Warehouse of linked sites or any other site. In creating hypertext links to any other website, Mixology Warehouse is not recommending that website or giving any assurances as to its standing. Mixology Warehouse is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect importance, nor is it intended to endorse any views expressed, or products or services offered or the organizations sponsoring the sites.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS MIXOLOGY WAREHOUSE AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF MIXOLOGY WAREHOUSE, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIXOLOGY WAREHOUSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED ON THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

1. MIXOLOGY WAREHOUSE MAKES NO WARRANTY THAT:
1. YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
2. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
3. THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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.
3. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIXOLOGY WAREHOUSE OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIXOLOGY WAREHOUSE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MIXOLOGY WAREHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

1. THE USE OR THE INABILITY TO USE THE SITE;
2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
3. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
4. ANY OTHER MATTER RELATING TO THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, MIXOLOGY WAREHOUSE’ (OR AFFILIATE’S, IF ANY) LIABILITY TO YOU SHALL IN NO CASE EXCEED $180, ($100, LESS $20 NONREFUNDABLE SERVICE FEE.) YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST MIXOLOGY WAREHOUSE ARISING OUT OF THE USE OF THE SITE.

MIXOLOGY WAREHOUSE SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

In case of any errors or malfunctions of hardware or software, Mixology Warehouse reserves the right to cancel any contest entry even if you have received confirmation of the transaction by email. We strive to make this system as stable as possible, however errors and equipment malfunctions are possible and may happen without notice. We cannot and will not guarantee uninterrupted access to the Site or proper processing of entries to any of our contests.

Intellectual Property Rights

Copyright, trademark, trade dress and other intellectual property rights protect the Site.

1. Mixology Warehouse grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
2. The trademarks, including word marks and logos, and other service marks and service names of Mixology Warehouse (collectively, the "Marks") are owned or licensed by Mixology Warehouse, Inc. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Mixology Warehouse. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Mixology Warehouse.
3. The entire Site, and all object code and source code, text, or graphics created by or on behalf of Mixology Warehouse and all multimedia content are Copyright 2005, Mixology Warehouse, Inc. All rights reserved. The copyrighted and proprietary property of Mixology Warehouse may not be duplicated or used without Mixology Warehouse’ express prior written consent.

Modification

Mixology Warehouse may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.

Entire Agreement

This Agreement constitutes the entire agreement between you and Mixology Warehouse with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. Our Official Rules For My Paradise Business Contest herein, as they relate to the entering of contests through our Site, supplements the terms. Click here to view that contract.

Severability

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

Governing Law and Venue

This Web site (excluding linked sites) is controlled by Mixology Warehouse, from its offices in the U.S. Virgin Islands. The Site can be accessed from all 50 states, U.S. Possessions, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of the U.S. Virgin Islands, by accessing this Web site both you and Mixology Warehouse agree that the statutes and laws of the State of the U.S. Virgin Islands, without regard to conflicts of laws and/or principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity). In the case of a dispute, any lawsuit or other legal proceeding between the parties shall be brought only in the federal district court of the U.S. Virgin Islands. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Termination

Mixology Warehouse may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

Contact Information

If you have a comment, question or request, or if you need to contact Mixology Warehouse for any other reason, there are two easy ways to do so.

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