Last Updated: 8/24/22
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Imbibe, acceptance is expressly limited to these terms. The Website is offered only to visitors of legal drinking age, and through your access to or use of the Websites, you represent and warrant that you are of legal drinking age in your jurisdiction.s. The Website is offered only to visitors of legal drinking age.
Your Use of the Website
You agree that you are liable for your use of the Website, including any donations made through your account and assume responsibility for taking reasonable actions to safeguard your account information to prevent unauthorized donations. You further agree to notify Imbibe promptly should you become aware of any actual or potential compromise of your account information so that Imbibe may take appropriate actions to safeguard its legal interests.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Website, webpages to which the Website links, and webpages that link to the Website. Imbibe does not have any control over any non-Imbibe websites and webpages, and Imbibe is not responsible for their contents or their use. By linking to a non-Imbibe website or webpage, Imbibe does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Imbibe disclaims any responsibility for any harm resulting from your use of non-Imbibe website and webpages.
Modifications and Interruption to the Services
We reserve the right to modify or discontinue all or any portion of our Websites with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Websites, or that our Websites will be error free. You understand that usage of our Websites may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- This Agreement permits you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website. This Agreement does not transfer from Company to you any Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Imbibe. Imbibe, imbibemagazine.com, the Imbibe logo, Negroni Week, negroniweek.com, the Negroni Week logo and all other trademarks, service marks, graphics and logos used in connection with the Website, are trademarks or registered trademarks of Imbibe or Imbibe’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Imbibe or third-party trademarks.
- All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including but not limited to news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, as well as its selection, layout and arrangement (collectively, the “Content”), is owned by Imbibe, and its affiliated companies, licensors and suppliers. Imbibe, its affiliated companies, licensors and suppliers, exclusively own all right, title and interest (including but not limited to all copyright interest) to such Content, with All Rights Reserved. You must abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Website.
- The Website has been specially designed for presentation of Content in a unique format and appearance to our users. We are concerned about the integrity of our Website when they are viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Website. Neither you nor any third party will make use of the Content in any manner that constitutes an infringement of our rights, including copyright. You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in, or use the Content to construct, any database, compilation or archive. You may not modify, sell, publish, transmit, display or otherwise use in any public or commercial manner any portion of the Content. You may not frame or utilize framing techniques that involve any Content or portion of the Website or suggest any relationship between our Website and you without our express written consent. You may not scrape our Content or Website. You agree not to: decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, or insert any code or product or manipulate the Content or Website in any way that affects the user’s experience, or use any data mining, data gathering, or data mining extraction method with respect to the Content or Website, or use any cancelbots or Trojan horse in connection with your use of the Website.
The Website may contain user profiles that allow users to post, submit, publish, display ,or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
User Contribution Monitoring and Enforcement; Termination.
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
User Contribution Content Standards.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright and Copyright Complaints.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Imbibe Media, Inc.
1001 SE Water Ave., Ste 285
Portland, OR 97214
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Changes to this Agreement.
Imbibe reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Imbibe may also, in the future, offer new services and/or features through the Website. Such new features and/or services will be subject to the terms and conditions of this Agreement.
Imbibe may terminate your access to all or any part of the Website at any time, with or without cause and with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Online Donations and Other Terms and Conditions.
All donations made through our Website or other transactions formed through the Website or as a result of visits made by you are governed by our Terms of Donation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IMBIBE, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “IMBIBE PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR WEBSITES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITES IS AT YOUR SOLE RISK. OUR WEBSITES AND ALL CONTENT, PRODUCTS AND WEBSITES OFFERED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE AGREED IN WRITING BETWEEN YOU AND IMBIBE. THE IMBIBE PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY WEBSITES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE IMBIBE PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR WEBSITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR WEBSITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ANY IMBIBE PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE IMBIBE PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to this Agreement and which if known, might materially affect your consent to this Agreement. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You agree to indemnify and hold harmless the Imbibe parties, its contractors, and its licensors, and their respective directors, officers, employees, and agents, from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to claims and expenses arising out of your violation of this Agreement.
Reliance on Information Posted.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, or reporting websites. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
Limitation on Time to File Claims.
We welcome your comments and feedback about our Websites. All information and materials submitted to Imbibe through the Websites or otherwise, such as any comments, feedback, ideas, questions, designs, data, User Contributions, or the like regarding or relating to the Websites or the business of Imbibe (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Imbibe reserves the right to treat any such Feedback as the confidential information of Imbibe.
By submitting Feedback to Imbibe, you assign to the Imbibe Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Imbibe Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and Websites using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
This Agreement constitutes the entire agreement between Imbibe and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Imbibe, or by the posting by Imbibe of a revised version of the Website. This Agreement, and any access to or use of the Website, are governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Portland and Multnomah County, Oregon. This Agreement will be binding upon each party hereto and its successors and permitted assigns. This Agreement are not assignable or transferable by you without the prior written consent of Imbibe. You agree that this Agreement and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition, or otherwise. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
Please contact us with your feedback, comments, requests for technical support, and other communications relating to the Website at email@example.com.