COLD HAMMER STILLS™ - TERMS & CONDITIONS
The website displayed at www.coldhammerstills.com (this "Site") is operated by Cold Hammer Stills, LLC. Your use of and access to this Site is conditional upon your acceptance of these Terms & Conditions. We reserve the right, in our sole discretion, to modify or update these Terms & Conditions from time to time with immediate effect. It is your responsibility to review these Terms & Conditions periodically for updates.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SITE. THE SITE IS INTENDED FOR YOUR USE ONLY IF YOU ARE OF LEGAL AGE TO PURCHASE ALCOHOL AND CONSUME ALCOHOL IN YOUR COUNTRY OF RESIDENCE AND IN THE COUNTRY FROM WHICH YOU ARE ACCESSING THE SITE. IF YOU DO NOT FALL WITHIN THIS CATEGORY, YOU MAY BE IN BREACH OF LAWS OR REGULATIONS APPLICABLE IN YOUR COUNTRY OF RESIDENCE OR ACCESS, AND YOU SHOULD LEAVE THE SITE IMMEDIATELY.
RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY
The copyrights to all materials, content and layout of this Site (including text, user and visual interfaces, images, look and feel, design, sound, etc., and any underlying software and computer codes) are proprietary to Cold Hammer Stills, its parents, agencies, distributors, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without the express prior written consent from Cold Hammer Stills.
Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property appearing on this Site is owned or licensed by Cold Hammer Stills or its parents, affiliates or subsidiaries and may not be used by you without the prior written consent of Cold Hammer Stills or the appropriate owner. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Site.
Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
(a) This Site is for your personal and noncommercial use. All contents of this Site are: ©2016 Cold Hammer Stills, LLC. All rights reserved. COLD HAMMER STILLS™ and Company's logo are trademarks of Company. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to, text, software, sound, photographs, buttons, images, logos, video and graphics (collectively, the "Content"), and the entire selection, coordination, arrangement and "look and feel" of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, "Intellectual Property Rights"). You are only permitted to use the Content as expressly authorized herein or in writing by the Company. Neither these Terms nor your use of this Site transfers any right, title or interest in this Site or the Content to you, and Company and its third-party licensors retain all of its and their respective Intellectual Property Rights in and to the Site and Content.
(b) Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express written permission of Company. In addition, you shall not use any data mining, robots, or similar data gathering and extraction methods in connection with this Site.
(c) This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. The Content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
(d) Display of an item on the Site does not guarantee that an item is currently in stock or that it will be available on the Site when you visit again. Some merchandise featured on the Site may be available only in limited quantities or only while supplies last. Further, a reference to a product or service on the Site does not imply that such product or service is or will be available in your location or physical stores.
(e) Certain materials on this Site may be furnished by third parties, including any advertisements. Certain product, service, or company designations for companies other than Company may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.
(f) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, to any our intellectual property or any third party's intellectual property. Any rights not expressly granted herein are reserved.
USE OF THIS SITE
Cold Hammer Stills maintains this Site for your personal entertainment, information and education. All copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with Cold Hammer Stills express prior written consent. All rights not expressly granted here are reserved to Cold Hammer Stills. Please note that when visiting the site, certain non-personally-identifiable and aggregate information is collected. This data helps us to analyze and improve the usefulness of the information we provide on the website. This data may be utilized by third-party companies for use in providing advertisements about goods and services that may be of interest to you based on your web surfing activities including your activities on this website. Third-party companies may use non-cookie technologies to recognize your computer or device. Please note that neither your web browser nor its settings to block cookies may have any effect in allowing you to block their use.
You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process ("Tools") to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.
COLD HAMMER STILLS DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR ACCURACY.
Cold Hammer Stills also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may effect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.
IN NO EVENT SHALL COMPANY, ITS EMPLOYEES OR AGENTS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, OR ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
YOU AGREE THAT ACCESS TO AND USE OF THE SITE AND SERVICES PROVIDED IN CONNECTION THEREWITH AND THE CONTENT THEREOF IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
In no event shall Cold Hammer Stills, its parents, agencies, distributors, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.
IDEAS AND DATA
You acknowledge and agree that you may be providing certain feedback, statements, suggestions and ideas ("Ideas") to Company, directly or through a third party, in connection with your use of the Site, which Company may use in future modifications to the Site, multimedia works and/or advertising and promotional materials relating thereto. In addition, you acknowledge and agree that Company may have access to certain analytic and demographic data ("Data") with respect to your use of the Site. You hereby assign to Company any and all right, title, and interest in any Ideas and Data, including but not limited to any copyright, patent right, moral right, and all other intellectual property rights.
You acknowledge and agree that submission of Ideas and Data to Company, either orally or in writing, will not in any way establish a confidential relationship with Company, nor will it place Company in the position of receiving a disclosure in trust. Company will not be obligated and makes no commitment to treat or maintain Ideas which you submit as confidential. In addition, you do not expect any type of payment or remuneration from Company for Ideas or Data. You agree that all documents and materials submitted to Company will become the property of Company, unless Company agrees otherwise in writing. No obligation is assumed or may be implied on the part of Company by receipt or examination of the Idea or Data submission to use the Ideas and Data, compensate you or otherwise enter into another agreement with you.
COMMUNICATION WITH THIS SITE
You represent, warrant, and agree that you will not:
1. Use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms & Conditions and/or any and all applicable local, state, national and international laws and regulations and treaties;
2. Use the Site for the distribution, housing, processing, propagation, storage, or other handling of, any Content (as defined below) or other material prohibited by these Terms & Conditions, or any material that may create a risk of any loss or damage to any person or property, or any other material (including, without limitation, links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful;
3. Permit or otherwise enable unauthorized users to access and/or use the Site;
4. Use the Site to export software or data in violation of applicable U.S. laws or regulations;
5. Sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Site, or otherwise permit any third party to use or have access to the Site for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Site;
6. Remove any copyright, trademark, patent or other proprietary notices from the Site or any Content on the Site;
7. Distribute, publish, exhibit, or otherwise use the Site, in any manner and for any purpose not expressly permitted under these Terms & Conditions;
8. Exploit the Site or collect any data incorporated in the Site in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;
9. Post hyperlinks to commercial services or Websites;
10. Collect personal data about other users of the Site for commercial or any other purposes;
11. Attempt to gain unauthorized access to our computer systems (including any non-public areas of the Site) or engage in any activity that disrupts, diminishes the quality of, probes for vulnerability, interferes with the performance of, or impairs the functionality of, the Site (or the servers and networks which are connected to the Site).
12. Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Cold Hammer Stills cannot prevent the "harvesting" of information from this Site, and you may be contacted by unrelated third parties, by e-mail or otherwise outside of this Site. Anything you transmit may be edited by or on behalf of Cold Hammer Stills, may or may not be posted to this Site at the sole discretion of Cold Hammer Stills and may be used by Cold Hammer Stills or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Cold Hammer Stills is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to this Site, you accept that it will not be treated as confidential and may be used by Cold Hammer Stills without compensation in any manner what so ever, including without limitation reproduction, transmission, publication, marketing, product development, etc.
You agree to defend, indemnify and hold Cold Hammer Stills, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, harmless from and against any and all claims, damage, cost, expense, or loss, including attorneys' fees and costs of litigation, arising out of or in any way, arising from or related to your use of the Site.
LIMITATION ON ACTIONS BROUGHT AGAINST COMPANY
You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Company to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
You agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate the Company's Intellectual Property Rights, Company may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Fort Worth, Texas, U.S.A., in accordance with the rules of the American
Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined
or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party
hereby consents: (a) to the non-exclusive jurisdiction of the state or federal courts located in Tarrant County, Texas for any action (i) to compel arbitration; (ii) to enforce any award of the arbitrators; or (iii) at any time prior to the qualification and appointment of the arbitrators,for temporary, interim or provisional equitable remedies; and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Tarrant County, Texas and each party hereby waives any defense related to personal jurisdiction, process or venue.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
The Company may assign its rights and duties under these Terms without notice to you. You may not assign these Terms without the prior written consent of the Company. These Terms & Conditions sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of these Terms & Conditions shall survive the expiration of these Terms & Conditions including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under these Terms & Conditions shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. These Terms as posted from time to time by Company on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.
This policy is effective as of May 1, 2016.