Terms and Conditions
Terms and Conditions – MGP Distilling
Last Updated: July 7, 2016
Welcome to www.eightandsandwhiskey.com. MGP Distilling and its affiliates (“Eight & Sand”, “we”, “our” or “us”) provide information about our products and history to you when you visit our website (the “Website”). These Terms and Conditions (these “Terms”) contain the rules under which you may use the Website. The terms “you” and “your” refer to all individuals or entities accessing this website. The terms “we,” “us,” “our” or "EIGHT&SAND" refer to MGPI Processing, Inc., of which MGP Distilling is a part and their affiliates.
By using, visiting or accessing the Website, you agree to be bound by these Terms for yourself and any person that uses the Website under your user name. Please read these Terms carefully before accessing and using the Website.
If you do not agree with these Terms, do not use the Website.
We may revise these Terms at any time by updating the Website. You can determine when these Terms were last revised by referring to the “Last Updated” line at the top. Your continued use of the Website will be deemed to be acceptance of the updated or amended terms. In the event that we offer any awards, promotions or contests, you agree that you are subject to any additional posted terms, rules or guidelines applicable to such activity, which are hereby incorporated by reference into these Terms. We reserve the right to modify or discontinue the Website at any time without notice to you, and we will have no liability to you if we do so.
Except as specifically stated otherwise, if there is any conflict between these Terms and provisions appearing elsewhere on the Website, these Terms shall control.
You acknowledge that your use of the Website will not be uninterrupted or error-free, and that we do not guarantee continuous or secure access to the Website.
The material and content accessible from the Website, including but not limited to trademarks, designs, logos, text, graphics, images, and audio and video materials are the intellectual property of Eight & Sand (“Eight & Sand’s Proprietary Materials”). Eight & Sand's Proprietary Materials are protected under the laws (such as copyright and trademark) of the United States of America and other nations. Accordingly, the material and content available on the Website may not be copied, distributed, republished, uploaded, posted or transmitted in any way for any public or commercial purpose, except as specifically allowed under these Terms, without the prior express written consent of Eight & Sand. You may not remove any copyright or other proprietary notice from Eight & Sand's Proprietary Materials. Modification or use of the material or content on the Website, except as expressly provided in these Terms violates Eight & Sand's or third parties’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Website.
Eight & Sand respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement described below.
Description of Services
Eight & Sand provides users of the Website with access to content related to its products and concerning alcoholic beverages generally which may include without limitation, content such as information, drink recipes, audio and video clips, photographs, graphics, images, text, data, event information, links to third party websites, user comments, commentary, articles, opinions, postings and messages.
Use of Information/Materials
You may print any downloadable information or materials offered on the Website provided that all of the following conditions are met:
- You use the materials or information solely for private and not for direct or indirect commercial purposes;
- You do not forward the materials or information to any person who is under the legal drinking age in the country in which such person resides;
- You use the materials only for lawful purposes;
- You do not remove any copyright or other notice regarding the rights of any person from the materials or information;
- You do not assert any copyright or other intellectual property, ownership or other interest or right in respect of the materials or information;
- You do not use the materials or information to encourage or condone under-age drinking, drunk driving or excessive consumption of alcoholic beverages;
- You reside in a country or territory where the consumption of alcoholic beverages is permitted; and
- You are of a legal age to consume alcoholic beverages pursuant to the laws of the country or territory in which you reside and are of the age at which you have legal capacity to contract in the country in which you are resident.
You have no right to use Eight & Sand's Proprietary Materials, other than for the limited license to download and print certain material/information from the Website for non-commercial and private purposes only. All rights with respect to Eight & Sand's Proprietary Materials remain the exclusive property of Eight & Sand or its affiliates.
Information Submitted Through the Website
Registration; User Names and Passwords
From time to time, it is possible certain sections of the Website may be restricted to registered users. When a registration procedure applies, you may be required to register with Eight & Sand in order to access certain areas of the Website. You may not register or make any “Submissions” (as defined below) unless you are of legal age to purchase alcohol in your country or territory of residence and in the country or territory from which you are accessing the Website. With respect to any such registration, we may refuse any registration for any reason.
You may not use a user name or email address: that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. If a password is required for any purpose, you are responsible for maintaining the confidentiality of any password you may use to access the Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website, to any third party.
You are responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with the Website that occur in connection with your user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Website, and to ensure that you “log off” and exit from your account with the Website (if applicable) at the end of each session.
We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Rules of Conduct
We expect users of the Website to respect the law and the rights and dignity of others. While using the Website, you agree to comply with all applicable laws, rules and regulations. In addition, your use of the Website is conditioned on your compliance with the rules of conduct set forth in these Terms and failure to comply may result in termination of your access to the Website.
You agree not to:
- Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation privacy rights or rights of publicity, or to harvest or collect information about users of the Website.
- Post, transmit or otherwise make available through or in connection with the Website:
- any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; or (d) obscene, indecent, pornographic or otherwise objectionable;
- any information or materials that are or may be, or the posting, transmission or use of which is or may be, protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right;
- any information or materials that are or may be, or the posting, transmission or use of which is or may be, depicting or endorsing irresponsible drinking; or depicting or endorsing activities that are inappropriate when consuming or after consuming alcoholic beverages such as operating a motor vehicle;
- any material: that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking”;
- any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with or disrupt the operation of, or monitor the use of, any hardware, software or equipment;
- any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by us in writing in advance;
- any personally identifiable information of another individual, without the express prior written consent of such individual; or
- any material, non-public information about a company, without the proper authorization to do so.
- Use the Website for any fraudulent or unlawful purpose or in violation of these Terms.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
- Use, reproduce, duplicate, copy, sell, resell, link to or otherwise exploit the Website to advertise or offer to sell or buy any goods or services for any business or commercial purpose without our express prior written consent.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
- Frame or mirror any part of the Website.
- Create a database by downloading and storing Website content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent.
You acknowledge and agree that you (and not EIGHT&SAND) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Website and for paying all charges related thereto.
If we are made aware of any information or materials posted, transmitted or otherwise made available through or in connection with the Website that may be a violation of any law, regulation or right of a third party, or a violation of these Terms, we have the right, but not the obligation, to remove or disable access to the respective information or materials.
Profiles, Forums and Submissions
If we choose to make the option available, you may post certain information and materials in connection with the Website or through Eight & Sand social media pages or sites (your “Profile”). Further, at some time, we may offer features through the Website that enable you to post information, photographs and other materials and images publicly (collectively referred to herein as “Forums”). All of the rules of conduct above apply to Profiles and Forums. Additionally, without our express prior written consent, you may not use Profiles or Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use Profiles or Forums to solicit other Website visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
Information contained in the Profiles and Forums may be provided by third party visitors to the Website which may be inaccurate, misleading or deceptive. Eight & Sand and its affiliates and their respective employees, officers, directors, owners, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible for any opinion, advice, information or statements made in the Profiles and Forums by third parties. Under no circumstances will Eight & Sand or its respective employees, officers, directors, owners, affiliates, agents, representatives, licensors, suppliers or service providers be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Eight & Sand.
When you submit or make available any information, photographs or other materials and images through the Profiles, Forums or otherwise through the Website or related social media (“Submissions”), you acknowledge and agree that those Submissions will be nonproprietary and nonconfidential, may be made available to the general public, and may be used by us without restriction. You grant to Eight & Sand the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute, adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission and that your provision of Submissions through the Profiles, Forums or otherwise through the Website complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of these Terms for any reason.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in a Profile, the Forums or otherwise in the Website. The Profiles and Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Profiles and Forums or otherwise through the Website are those of such third parties and not of EIGHT&SAND, and Eight & Sand does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Website at any time. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through Forums or any other part of the Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A PROFILE OR A FORUM OR OTHERWISE ON THE WEBSITE OR OTHER SOCIAL MEDIA, YOU DO SO AT YOUR OWN RISK.
Disclaimer of Warranties
THE WEBSITE AND ALL MATERIAL, INFORMATION AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Eight & Sand MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND YOU EXPRESSLY AGREE THAT YOUR USE OF MATERIAL, INFORMATION OR SERVICES IS AT YOUR SOLE RISK. Eight & Sand EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AND/OR INDEMNITIES AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS.
Limitation of Liability
REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION, WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE, Eight & Sand SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OR INFORMATION AND COST OF CAPITAL. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT Eight & Sand SHALL NOT BE LIABLE FOR YOUR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES AND DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR FROM ANY INFORMATION OR MATERIALS ON THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, INFORMATION OR MATERIALS IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY FOR EIGHT&SAND, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS OR AGENTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO Eight & Sand TO ACCESS AND USE THE WEBSITE OR SERVICES.
While we try to maintain the security of the Website, we do not guarantee that the Website will be secure or that any use of the Website will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alterations to the Website, contact email@example.com with a description of the material(s) at issue and the URL or location of such materials.
Links to Other Sites
The Website may contain links to third party websites. These links are provided solely as a convenience and not as an endorsement of the contents on such third-party websites. Eight & Sand is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We shall have the right, at any time and at our sole discretion, to block links to the Website through technological or other means without prior notice.
You agree to indemnify us for all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that we may incur as a result of: (a) your use or inability to use the Website or activities in connection with the Website; and (b) your breach of these Terms or any claims brought relating to information submitted or obtained by you and actions taken by you or in any way relating to your conduct with any other user. We will provide to you notice of any such claim, suit or proceeding.
Termination and Enforcement
You agree that we, at our sole discretion, may terminate your access to or use of the Website, at any time and for any reason, including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice and that we may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that Eight & Sand shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files and shall not be required to make such information or files available to you after any such termination. We reserve the right to take steps that we believe are necessary or appropriate to enforce and/or verify compliance with these Terms.
Our failure to partially or fully exercise its rights or a waiver of any breach of these Terms shall not prevent a subsequent exercise of our rights or be deemed or waiver of any subsequent breach. All waivers must be in writing and signed by an executive officer of Eight & Sand.
Eight & Sand makes no claims that the content of the website may be lawfully viewed or downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms shall be governed by the laws of the State of Kansas, USA, without regard to its conflict of laws principles. You and Eight & Sand agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Kansas and waive any jurisdictional, venue or inconvenient forum objections to such courts. Moreover, the website is a passive website that does not give rise to personal jurisdiction over EIGHT&SAND, either specific or general, in jurisdictions other than Kansas. Any action must be brought within one (1) year after the cause of action arose, otherwise the cause of action is permanently barred. Your conduct may be subject to other laws. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section.
In the event that any portion of these Terms is held to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.
Notices to you may be made by posting a notice (or a link to a notice) on the Website, by email, or by postal mail, at our discretion. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms do not constitute any partnership, joint venture, franchise or other relationship other than as expressly stated herein.
Notice and Procedure for Making Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send Eight & Sand a notice requesting that it remove the material or block access to it. Submit your complaint by email or in writing and include in it the following information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description for where the material that you claim is infringing is located on the site;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See copyright.gov for details.
Our Copyright Agent for notices and counter-notices relating to claims of copyright infringement on the Website can be reached as follows:Copyright Agent: General Counsel MGPI Processing, Inc. 100 Commercial Street Atchison, KS 66002 Phone: 800-255-0302 Email: TJ.Lynn@mgpingredients.com
We endeavor to respond quickly to the concerns of rights owners about any alleged infringement.
We suggest that you consult your legal advisor before filing a notice or counter-notice.
Copyright © 2016 MGP Distilling. All rights reserved