TSARS VODKA
TERMS AND CONDITIONS
By browsing and using this Internet website at www.tsars.us (the “site”), provided by MARKLEE ENTERPRISES, LLC., you agree to be bound by the User Terms and Conditions in which you may use this website and all other online or digital platforms (including without limitation mobile and other applications, such as Facebook apps). You must exit this Site immediately if you do not agree to the Terms and Conditions or are not of a legal age for consuming and/or purchasing alcoholic beverages.
CHANGES TO THE TERMS AND CONDITIONS
MARKLEE ENTERPRISES, LLC. may, in its sole discretion, revise the Terms and Conditions from time to time, and it is your responsibility to review the Terms and Conditions each time you access this Site. Your continued use of the Site after such revisions are posted will constitute your agreement to such changes.
MODIFICATIONS TO THE SITE
MARKLEE ENTERPRISES, LLC reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. MARKLEE ENTERPRISES, LLC may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
SOCIAL RESPONSIBILTIY
Our site, along with our product, is intended for of U.S. residents of the legal drinking and/or purchasing age.
USE OF MATERIALS
You may print or have printed by a third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all content and materials available on this Site, including but not limited to trademarks, designs, logos, names, text, images, audio and video materials are the property of MARKLEE ENTERPRISES, LLC ("Markee's Proprietary Material") unless otherwise noted. Marklee's Proprietary Material is protected under the intellectual property laws throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from Marklee's Proprietary Material. You may not display, reproduce, distribute, modify, transmit, or otherwise use Marklee's Proprietary Material in any way for any public or commercial purpose, without a license or the prior and express written consent of MARKLEE ENTERPRISES, LLC.
INTERACTIVE SERVICES
We may from time to time provide interactive services on our Site including, without limitation, chat rooms and forums, bulletin boards, music mix rooms, image upload features, interactive drinks functionality and interactive clubfinder. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical).
We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
USER CONDUCT
You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site. You may not use our Site: In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. For the purpose of harming or attempting to harm minors in any way. To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our content standards. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware ("Malicious Code").
UPLOADING MATERIAL TO OUR SITE
All communications, including but not limited to all remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site, whether by e-mail, posting, uploading, or otherwise, will become the exclusive property of MARKLEE ENTERPRISES, LLC. MARKLEE ENTERPRISES, LLC will not be required to treat any submission as confidential. By transmitting content to this Site, you automatically grant to MARKLEE ENTERPRISES, LLC a royalty-free, perpetual, irrevocable and non¬exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. You agree that MARKLEE ENTERPRISES, LLC is free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to this Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that MARKLEE ENTERPRISES, LLC need not provide any compensation or acknowledgment to you in exchange for any such use.
CONTENT
Any and all material which you contribute to our Site must comply with the spirit of the following content standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Your contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the US and in any country from which they are posted.
Your contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Contain sexually explicit material.
- Harm, or attempt to harm, minors in any way.
- Encourage, condone, promote or glamorise under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving.
- Be targeted at an under legal drinking age audience.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right, trade mark or other proprietary right of any other person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal or immoral activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement, computer misuse, and harm to minors.
MONITORING
You agree that MARKLEE ENTERPRISES, LLC has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, MARKLEE ENTERPRISES, LLC does not and cannot review all materials posted to the Site by users and MARKLEE ENTERPRISES, LLC assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, MARKLEE ENTERPRISES, LLC may investigate an allegation that content transmitted to this Site is in violation of the Terms and Conditions and determine whether to have the communication removed from this Site.
However, MARKLEE ENTERPRISES, LLC is under no obligation to remove content transmitted by third parties from this Site and assume no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
OUR LIABILITY
In no event shall MARKLEE ENTERPRISES, LLC or its affiliates, and their respective officers, directors, employees, and agents, be liable for any damages (including without limitation direct, indirect, incidental, special, consequential and punitive damages, lost profits, and damages resulting from lost data or business interruption) that are directly or indirectly related to the use of or inability to use this site and its content, materials and functions thereof whether based on warranty, contract, tort, including but not limited to negligence or otherwise, or any other legal theory, even if MARKLEE ENTERPRISES, LLC has been negligent or has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the foregoing limitations may not apply to certain users. In no event shall the total liability of MARKLEE ENTERPRISES, LLC to you for all damages, losses, and causes of action (whether based in warranty, contract or tort, including but not limited to, negligence or otherwise) arising from this agreement or your use of the site exceed, in the aggregate, $100.00.
INDEMNIFICATION
You shall indemnify, defend and hold harmless MARKLEE ENTERPRISES,LLC, its officers, directors, employees and agents (collectively, the "Indemnified Parties"), from and against any and all claims or demands made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to your browsing or use of this Site, content you transmit to this Site, your violation of any rights of another, or your breach of the Terms and Conditions. MARKLEE ENTERPRISES, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of MARKLEE ENTERPRISES, LLC.
JURISDICTION
If you are located in the U.S., these terms are governed and construed in accordance with the laws of the State of Ohio, excluding its conflicts of law rules, and any dispute arising out of or relating to these Terms and Conditions or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within the county of Ohio in the State of Ohio, and you hereby submit to the personal jurisdiction of such courts. Because some jurisdictions do not allow the exclusion or limitation of liability or damages, MARKLEE ENTERPRISES, LLC liability in such jurisdictions shall be limited to the fullest extent permitted by law. All conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose and other terms which might otherwise be implied by statute, common law or the law of equity.
YOU AND YOUR PRIVACY
Your privacy is important to us. We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate. MARKLEE ENTERPRISES, LLC may organize events in your community. We reserve the right to collect still and moving images at those events and to publish them on this Site and other websites operated by us for information purposes about our brands' marketing activities. By accepting to be our guest at any such event, you also consent to being photographed and filmed during your attendance and grant us the right to publish your images on this Site and other websites for editorial purposes throughout the world in perpetuity without limitations and without any compensation. If your image is published on this Site or any of our websites and you disagree with its use, please ask us to remove it by writing to our Digital Director at:
OUTSIDE THE UNITED STATES
OUTSIDE THE UNITED STATESThis Site is intended for use mainly of U.S. residents of the legal drinking and purchasing age. MARKLEE ENTERPIRSES, LLC makes no claims that the content of this Site is appropriate or may be downloaded outside of the U.S. If you access this Site from outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. A reference to a particular product or service does not imply that MARKLEE ENTERPRISES, LLC intends to make such products or services available in all countries.
LINKING TO OUR SITE
You must not establish a link from any website to any page in our Site or frame our Site on any other site. Unless otherwise authorized in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.
If you wish to make any use of Material on our Site other than that set out above, please address your request for the attention of our Digital Director at:
LINKS FROM OUR SITE
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
MALICOIUS CODE, HACKING AND OHER OFFENCES
You must not misuse the Site by knowingly introducing any Malicious Code. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such activity by you to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
GENERAL PROVISIONS
If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or MARKLEE ENTERPRISES, LLC to exercise or enforce any rights or provisions of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms and Conditions comprise the entire agreement between you and MARKLEE ENTERPRISES, LLC and supersede all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms and Conditions regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms and Conditions.
This list only serves to provide examples and is not meant to be an exhaustive list of the types of unacceptable uses that may result in the restriction, suspension or termination of your use of the Site.
CONTACT US
If you have any questions about the Terms and Conditions, the practices of or your experience on any of the Site, please contact us at by e-mail at:
© 2011-2012 SPIRIT OF THE TSARS. All rights reserved.