ART OF POUR, LLC
The parties to this Agreement shall be defined as follows:
- a) COMPANY: The Company, as the creator, operator, and publisher of the Website, makes the Website and certain Products on it available to users. Art of Pour, Company, us, we, our, ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
- b) CLIENT: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as User or Client.
- c) PARTIES: Collectively, the parties to this Agreement (the Company and Client) will be referred to as Parties.
- ASSENT & ACCEPTANCE
By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website to you if you assent to this Agreement.
- ACCESS TO THIS WEBSITE.
You must be twenty-one (21) years or older to use this Website. If you are under twenty-one (21) years of age, you are not permitted to access this Website for any reason. By using this Website (and, thus, agreeing to the Terms and Conditions) you warrant and represent that you are at least twenty-one (21) years of age. All content, offers and promotions on this Website are intended for legal use and may not be used or discussed in a manner that is illegal. As the consumer, it is your responsibility to know your local, state and federal laws regarding use. You agree that Company shall not be responsible for any liability arising from the alleged illegality of products offered to you via this website. Any governmental employee, agency, or agent must identify themselves to the operators of Company upon their entering the Website. The shipper reserves the right to request a scan of any customer’s photo ID for age verification before shipping any item.
- LICENSE TO USE WEBSITE.
The Company may provide you with certain information as a result of your use of the Website. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of the Website (“Company Materials”). Subject to this Agreement, the Company grants you a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with your use of the Website. The Company Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.
- INTELLECTUAL PROPERTY.
You agree that the Website, all content on the Website (including all designs, texts, graphics, pictures, video, information, and their selection and arrangement), and all Services provided by the Company are the exclusive property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company. You may not use, replicate, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, any Company IP without our prior written consent, which may be withheld in our sole discretion. For so long as you are eligible to use the Website and you act in accordance with the terms of this Agreement: (i) You are granted a limited license to access and use the Website solely for your personal non-commercial use; and (ii) You are granted a limited license to access, use, download, or print a copy of any portion of the website content to which you have properly gained access solely for your personal non-commercial use. You must never download or republish any website content or Company IP on any Internet website and you must not incorporate any related information into any other database or compilation; and, any other use of the website content or Company IP is strictly prohibited. Such limited license is subject to all terms of this Agreement. Any use inconsistent with this Agreement shall result in termination of all licenses granted herein. In addition, the Company will take legal action in connection with any violation of this Agreement. Any use of the Website, Company IP, or any website content, other than as may be specifically authorized herein, without our prior written consent (which may be withheld in our sole discretion), is strictly prohibited. Such unauthorized use might also violate applicable laws, including copyright or trademark laws and communications statutes and regulations. This Agreement does not purport to transfer any license to any intellectual property right, whether by grant, estoppel, implication, or otherwise. At any time and from time to time, and without your consent, we may unilaterally revoke any license that we grant, in our sole discretion and without any notice or cause.
- USER OBLIGATIONS.
As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy and security of this information. You must not share your identifying user information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
- ACCEPTABLE USE.
You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website or general business of the Company.
- PRIVACY INFORMATION.
- ASSUMPTION OF RISK.
You acknowledge and agree that any information posted on our Website is not intended to be legal advice and no fiduciary relationship has been created between you and the Company. The Company does not assume responsibility or liability for any advice or other information given on the Website.
- SALE OF GOODS/SERVICES.
The Company may allow third parties to offer goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions, pricing and images. However, the Company does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.
We do not sell, offer to sell or solicit sales of alcohol. Our Website enables you to search online for alcohol and other products available for sale by alcohol beverage licensees including retailers, and other parties permitted to sell alcohol directly to consumers ("Licensees"). The service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. When you search for a product, the service shows you its availability, price and other information based on your location and information provided by the Licensees that service your location; if you prefer, you may sort and filter results based on search criteria. Our service may be limited or not available at all in some places due to local law or other restrictions.
When you order, it is an offer to purchase from a Licensee. The total purchase amount (plus any additional service fees) may be authorized by your payment card company, but your offer is not accepted by the Licensee at that time. The Licensee reviews your order and decides whether to accept it. If the Licensee decides to accept your order, they will charge your payment card for the purchase amount (plus any additional service fees) and arrange for the delivery, pick-up, or shipment.
Title to, and ownership of, all alcohol beverages passes from a Licensee to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the alcohol beverages, https://www.thewhiskeydealer.com is providing a service to and acting on behalf of the purchaser. By utilizing this service from https://www.thewhiskeydealer.com, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of alcohol beverages. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of alcohol beverages and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
- ORDERS & DELIVERY.
Licensees are solely responsible for all activities related to the sale and provision of alcoholic beverages including but not limited to (a) selecting the products to be offered for sale via the Website (b) setting the purchase price of all products made available for sale via the Website (c) accepting or rejecting all customer orders, (d) fulfilling all customer orders, including but not limited to completing any deliveries or shipments of orders, if applicable, and (e) providing customer service, including but not limited to by informing customers of any lost, unprocessed, or mishandled orders and facilitating order cancellations. Art of Pour shall have no liability to you, any customer, or any other person for lost, unprocessed, or mishandled orders.
Delivery is the sole responsibility of the Licensee. Art of Pour is not responsible for delivery of orders.
ART OF POUR DOES NOT ACCEPT ANY RETURNS OR EXCHANGES AND DOES NOT PROVIDE ANY REFUNDS. Licensees may consider returns or exchanges on a case-by-case basis. If a return or exchange is granted, the Licensee will refund a return or offer a product in exchange for the damaged product. Art of Pour’s customer support team will assist you with your communications with the Licensee. ART OF POUR DOES NOT GUARANTEE THAT A LICENSEE WILL AGREE TO ACCEPT A RETURN OR EXCHANGE.
- REVERSE ENGINEERING & SECURITY.
You agree not to undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
- b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
- DATA LOSS.
The Company does not accept responsibility for the security of your account or content. You agree that your use of the Website is at your own risk.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
- SPAM POLICY.
You are strictly prohibited from using the Website for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
- THIRD-PARTY LINKS & CONTENT.
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of your use of any third-party services that may be linked from our Website now or in the future. The Company provides third-party links as a convenience only and does not sponsor or endorse any of these sites or their contents. Company is not responsible for the content of and does not make any representations or warranties regarding the content or materials on, such linked third-party websites. If you decide to access or rely on information at a linked third-party website, you do so at your own risk.
Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Company. Nonetheless, the Company seeks to protect the integrity of its Website, and therefore requests any feedback on sites to which it links, including if a specific link does not work.
- MODIFICATION & VARIATION.
The Company may, from time to time and at any time without notice to you, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
- a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
- b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
- c) In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
- ENTIRE AGREEMENT.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
- SERVICE INTERRUPTIONS.
The Company may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
- TERM, TERMINATION & SUSPENSION.
The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ART OF POUR AND ITS RELATED PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY SERVICE, THE WEBSITE, ANY WEBSITE CONTENT, OR ANY INFORMATION CONTAINED ON THE WEBSITE (COLLECTIVELY, “WORKS”). THE WORKS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU RELY ON THE WORKS SOLELY AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ANY WORKS WILL BE UNINTERRUPTED OR ERROR-FREE. THERE COULD BE DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE WORKS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING OR USE OF THE WORKS. ALTHOUGH WE MAY TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO OR THROUGH THE WORKS, WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE WORKS OR MATERIALS THAT MAY BE DOWNLOADED FROM THE WORKS ARE FREE OF SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO ANY OF THE FOREGOING.
- LIMITATION ON LIABILITY.
YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT ART OF POUR AND ITS RELATED PARTIES ARE NOT LIABLE FOR ANY INJURY, LIABILITY, CLAIM, LOSS, DAMAGE, EXPENSE, COST (INCLUDING ATTORNEYS FEES INCURRED AT TRIAL, ON APPEAL, OR OTHERWISE), DEBT, FINE, CHARGE, OR LIEN, WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS, OR OTHERWISE, THAT ARISES OUT OF OR RELATES TO (A) THIS AGREEMENT, (B) YOUR USE OR INABILITY TO ACCESS THE WEBSITE, (C) INABILITY TO USE THE SERVICE, (D) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA. YOU DO HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT TO THE FOREGOING, WHETHER BASED IN BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY AND ALL CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) YOUR USE OF THE WEBSITE, OR (III) INABILITY TO USE THE SERVICE (IV) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA IS LIMITED TO THE SUM OF $10. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- GENERAL PROVISIONS:
- a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
- b) JURISDICTION, VENUE & CHOICE OF LAW: Through your use of the Website, you agree that the laws of the State of CT shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts in Fairfield County, CT. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: CT. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
- d) CLASS ACTION WAIVER: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
- e) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
- f) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- g) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- h) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- i) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- j) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, pandemics and epidemics, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- k) ELECTRONIC COMMUNICATIONS PERMITTED: We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically or post on the Website satisfy any legal requirement, if any, that such communications be in writing.
- 27. YOUR CONSENT
Questions? Please Contact Us
If you have any questions about these Terms of Service, please contact us at Mixology@artofpour.com ; 877-302-2002
Art of Pour, LLC
What Information Do We Collect?
We collect information from you when you visit the Site, whether through the Site or via alternative means, including but not limited to completion of Art of Pour documents and forms. In this section, We describe what types of personal data We collect, the ways We collect it, and how We use it. While We have tried to be complete, this list is not necessarily exhaustive, given that these activities can vary from time to time. When We collect information, We will tell you at the point of collection what information is required and what information is optional. We collect personal information both directly from the information you provide us with as well as automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies. This collection of information includes any information that can personally identify you. This information may include details such as your name, age, gender, email address, mailing address, phone number, credit card information, and you Internet Protocol (“IP”) address.
Information You Provide to Us
Examples of information that you provide us with include information collected from filling in forms on our Site, when subscribing to promotional communications, when reporting a problem with our Site, when responding to a survey, and records and copies of correspondence, including email addresses, if you make contact with us. The types of personal data typically collected by us may include the following, depending on your activities:
- Contact information and Geographic Location, including name, title, street address (home, work, billing, shipping), postal code, country, telephone numbers (home, work, cell, etc.), email address (home, work), operating system, browser type, company name and other similar information, and your geographic location.
- Personal/demographic information, including birthday/age/age group, gender, birth date, salary range, occupation, level of education, contest- or promotion-specific information.
- Authentication information, including user IDs, log-in names, passwords, password reminders, etc. (in addition to other personal data such as contact information, birth date and the like).
- Transactional and financial information, including payment information for purchases made through the Site and debit/credit card information.
- Preferences, views and comments, including communication preferences, feedback in response to surveys, etc.
- Participation information, including event attendance, sweepstakes/contest entries (including all information submitted on an entry), registrations, information relating to use of online communities and all other user submissions and content you provide.
Information Automatically Collected Through Data Collection Technologies
We may contract with third-party service providers to assist in better understanding Site visitors. These service providers are not permitted to use the information collected except to help Art of Pour conduct and improve our business. You may disallow receiving cookies at any time through your web browser. Although you may still use the Site if you reject cookies, some functionality, such as the shopping cart, may be limited.
Our Site may also use IP addresses for the same purposes identified above, as well as to analyze trends, administer our Site, track users’ movements and online activity and gather broad demographic information for aggregate use.
We may use web beacons (also known as Internet tags or clear GIFs) on our Site to access and set cookies and otherwise help us to better understand how users are moving through our Site. Information provided by the web beacon includes the computer’s IP address, the type of browser being used, traffic data, location data, information about your computer and internet connection, and the time that the web beacon was viewed. We may also use web beacons in emails and newsletters so that We know when such communications have been opened and to otherwise help us tailor our communications to individual users. The information We collect automatically is statistical data and may contain personal information. It helps us to improve our Site and to deliver a better and more personalized service, by enabling us to:
- Estimate our audience size and usage patterns
- Store information about your preferences
- Speed up your searches
Information Collected from Business Partners
We may obtain your personal data from you directly or when it is provided to us by our affiliates. We may collect personal data related to employees, directors, authorized signatories and other individuals associated with our existing or prospective business partners (collectively “Business Partners”). Information may be collected from Business Partners directly, from a company that employs Business Partners, from our affiliates, during networking events that We have either hosted, or sponsored, or attended; and/or from publicly available sources. We may collect personal data relating to our Business Partners’ employees, officers, authorized signatories, or other associated individuals. Information collected includes but is not limited to names, business addresses, business email addresses, business telephone numbers, business fax numbers, job title or role, business bank account details, date of birth, language of communication, date of first contact, and/or categorization as a business partner.
Information Collected at Our Premises or Our Events
We may obtain your personal data from you directly and from our systems’ records such as your name, business contact details, organization, photo, image, date and time of visit.
Information is Used in the Following Ways:
- To personalize your experience: Your information helps Art of Pour to better respond to your individual needs and helps us to better understand the market in which We operate;
- To improve the Site: We continually strive to improve the Site offerings based on the information and feedback We receive from you;
- To improve customer service: Your information helps Art of Pour to more effectively respond to your requests and support needs;
- To administer a contest, promotion, survey or other Site feature, to promote our goods and services, and to inform you of upcoming events;
- To send periodic emails: The email address you provide for order processing may be used to send you information and updates;
- To ensure security: Collection of your information helps to manage security, risk, and fraud prevention.
Who Do We Share Your Information With?
- Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include agencies providing marketing assistance, providing conference administration assistance, processing credit card payments, and providing User service. They have access to personal information needed to perform their functions but may not use it for other purposes.
- Affiliated Businesses: We work closely with affiliated businesses, namely the companies sponsor or exhibit on the Art of Pour Site or at conferences. These businesses may be provided your name, address, email address, and phone number to send you promotional offerings. We cannot control and nor are We liable for contact attempts from these companies to you. Our affiliated businesses will process your data in compliance with the General Data Protection Regulation 2016/679 and any implementing legislation (the “GDPR”) and other relevant data protection laws.
- Promotional Offers: Sometimes We send offers to users on behalf of other businesses. If you do not want to receive such offers, please let us know by contacting us at Mixology@artofpour.com
Transfers Outside the European Economic Area
If and when transferring your personal data outside the EEA (which consists of EU member states and Iceland, Lichtenstein and Norway), We will only do so using one of the following safeguards:
- the transfer is to a non-EEA country which has an adequacy decision by the EU Commission;
- the transfer is covered by a contractual agreement, which covers the GDPR requirements relating to transfers to countries outside the EEA;
- the transfer is to an organization which has Binding Corporate Rules approved by an EU data protection authority; or
- the transfer is to an organization in the US that is EU-US Privacy Shield certified.
You may request a copy of any relevant document in relation to transfers of your personal data outside the EEA by contacting us at firstname.lastname@example.org
You are entitled to obtain information from us on how We handle your personal data, to see copies of all personal data held by us and to request that your personal data is amended, corrected or deleted from our systems. You can also limit, restrict or object to the processing of your data. We do not carry out any decision-making based solely on automated processing, including profiling. If you gave us your consent to use your data, e.g. so that We can send you marketing emails, you can withdraw your consent at any time. Please note that even if you withdraw your consent, We can still rely on the consent you gave as the lawful basis for processing your personal data before you withdrew your consent. You can object to our use of your personal data. If you would like to exercise any of your above rights, contact at email@example.com
How Do We Protect Your Information?
The security of your personal identifying information (such as your credit card number) is important to Art of Pour. Therefore, We implement a variety of appropriate technical and organizational security measures to protect personal data from loss, misuse, unauthorized access, disclosure, or alteration. All supplied sensitive/credit information is transmitted via Secure Socket Layer (“SSL”) technology and then encrypted into the payment gateway provider’s database only to be accessible by authorized individuals. After a transaction, your private information (credit card number, etc.) will not be stored on Art of Pour servers. Please keep in mind, however, there is no such thing as perfect security, and no Internet transmission is ever completely secure or error-free. Moreover, you are responsible for maintaining the confidentiality of any username and password you use, if applicable.
Do We Disclose Any Information to Outside Parties?
We do not sell, trade, or otherwise transfer to outside parties your personal identifying information. This does not include trusted third parties who assist in operating the Site, conducting business, or servicing you, so long as those parties agree to keep this information confidential. However, non-personal identifying visitor information may be provided to other parties for marketing, advertising, or other uses.
Our website is designed to appeal to adults only. We do not knowingly solicit any information from children or people under the legal drinking age, nor do We knowingly market or otherwise target our websites or our products or services to children or people under the legal drinking age.
If We become aware that a visitor to our websites is a child or under the legal drinking age in the country or other territory in which he or she is located at the relevant time and has registered without verifiable parental consent, We will remove his or her personal information from our files.
We will keep and process your personal data only for as long as is necessary for the purposes for which it was collected in connection with your relationship with us, unless We have a legal right or obligation to retain the data for a longer period, or the data is necessary for the establishment, exercise or defense of legal claims.
Information About Us
We reserve the right to disclose your personal identifying information as required by law and when We believe that disclosure is necessary to comply with a judicial proceeding, court order, or legal process, to operate the Site properly, or to protect ourselves or our users.
You may choose to have your name taken off the Art of Pour email list or to “opt-out” of having your personal identifying information used for certain purposes, including but not limited to receiving additional marketing materials from Art of Pour. If you no longer wish to receive marketing and promotional materials from Art of Pour, you may contact us at firstname.lastname@example.org
Unless specifically requested, We do not solicit nor wish to receive any confidential, secret or proprietary information or other material from you through the Site, by email, or in any other way. Any unsolicited information or material submitted or sent to Art of Pour will not be deemed to be confidential or secret.
Posting Information to the Site
You are solely responsible for any information and other content you post on or through the Site. You understand that anything you post on or through the Site is generally accessible to and may be collected and used by others and may result in unsolicited messages or other contact from others. Users of any available forums are encouraged to exercise caution when providing information about themselves.
Cookies are small files which often include an anonymous unique identifier sent by web servers to web browsers and stored by the web browsers which enable the site or service provider’s systems to recognize your browser and capture and remember certain information. The information is then sent back to the server each time the browser requests a page from the server. This enables a web server to identify and track web browsers. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, and the time spent at our website. There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.
Our website requires you to enter your date of birth and cookies allow us to remember the data you have entered, so that We do not need to ask you to re-enter information every time you browse to a different page of the website. We also use Google Analytics type of cookies which, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting our website and which parts of our website are most popular. This helps us gather feedback so that We can improve our website and better serve our customers. We do not generally store any personal information that you provide to us in a cookie. Most of our cookies expire within 90 days although our analytics cookies may persist for two (2) to ten (10) years. If you delete cookies relating to this website, We will not remember things about you and you will be treated as a first-time visitor the next time you visit the site.
The purpose of cookies, such as Google Analytics cookies, is storing information such as the time you visit the website, and whether you have visited it before.
We may also use “Social Media” cookies to personalize your interaction with third party social media platforms, such as Instagram and Facebook, where our website uses such features. Such cookies recognize users of these social media sites when you view social media content on our website. They also allow you to quickly share content across media, through the use of simple “sharing” buttons. We use the following Social Media cookies: Twitter, Facebook, Instagram, YouTube, LinkedIn, Pinterest, and Tumblr. For further information about those Social Media cookies please see here:
You may disallow receiving cookies at any time through your web browser. Although you may still use the site if you reject cookies, some functionality may be limited. Most browsers allow you to refuse to accept cookies:
- In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.
- In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”.
- In Google Chrome, you can adjust your cookies settings by clicking the “Chrome Menu” on the browser tool bar, “Settings”, “Show Advanced Settings”, “Privacy”, “Cookies” and select your preferred setting.
Your California Privacy Rights
DO NOT TRACK
As of January 1, 2020, subject to certain limitations under applicable law, California residents can request access to and deletion of their personal information.
Sale of Personal Information:
California Consumer Privacy Rights
You have certain choices regarding your personal information, as described below:
Access: You have the right to request, twice in a 12-month period, that We disclose to you the personal information We have collected, used, disclosed and sold about you during the past 12 months. To submit an access request call us at 877-302-2002
Deletion: You have the right to request that We delete certain personal information We have collected from you. To submit a deletion request call us at 877-302-2002.