Terms and Conditions

Important Information

You should carefully read the following Terms and Conditions (also referred to as the “Terms of Use”, “Terms of Service” or “TOS”). Your use of our service(s) implies that you have read and accepted these Terms and Conditions. The Website (all Drink My Drink websites may hereafter be referred to, both individually and collectively, as “The Website”) from which you accessed this agreement is provided to you subject to the conditions listed below. These terms are in addition to any other terms that individual Website owners within the Drink My Drink may include for governing access to their Websites.

Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.

The access rights granted to you under the Terms Of Use are non-transferable without the express written permission of the owner of Drink My Drink. You are responsible for the actions of any other person who may utilize your access rights on the Drink My Drink Website.

Introduction

The following terms and conditions govern all use of the Drink My Drink Website(s) and all content, services and products available at or through the Website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other associated operating rules and policies (including, without limitation, Drink My Drink Privacy Policy).

Please read this Agreement carefully before accessing or using the Drink My Drink Website. By accessing or using any part of the Website, you agree to become 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 the Drink My Drink, acceptance is expressly limited to these terms.

The Website is available only to individuals who are at least 13 years old. If you are not yet 13 years old, you must stop using the Website immediately or else provide Drink My Drink with written parental approval.

Our products and services are designed to give you as much control and ownership over their custom certificates as possible and to encourage users/members to express themselves freely. However, each certificate owner must be responsible for the content of their site. In particular, as a certificate owner, you must make certain that none of the prohibited items listed below appear on your certificate.

SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS

A special restriction on a visitor’s license to access the Website applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.

Email addresses on the Drink My Drink are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the Website’s email addresses is recognized as a violation of this agreement and expressly prohibited.

Ownership

You do not claim intellectual property right or exclusive ownership to any of our products or services, whether modified or unmodified. All products and services are the property of Drink My Drink. Our products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our organization (or any business or individual associated with Drink My Drink) be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.

Responsibility of Customers.

• Drink My Drink certificates are custom products. They are customized based on customer input and preference. You are responsible to provide accurate input and preference while you are in the process of creating a certificate. Your input will be used on the certificate on an “as is” basis. We are not liable if you provide us with incorrect information, including misspelled words or phrases.
• The information that you provide in order to create your custom certificate is subject for review and can be rejected if it is deemed: offensive, inappropriate, or lewd. If the information is rejected you will be entitled to a full refund.
• Drink My Drink uses the United States Postal Service (USPS) as it’s shipping gateway. Therefore, once your order is handed over to USPS, your order is subject to USPS policies and conditions. You are responsible to provide Drink My Drink with complete and accurate shipping information. Drink My Drink is not liable if you provided us with incorrect shipping information, which may cause a subsequent delay or loss of your order.

Fees and Payment.

When you make a purchase on Drink My Drink additional fees, excluding the products stated price may be applied. These fees include but are not limited to: shipping costs, handling fees, and taxes. If these fees are applied to your purchase, you will be notified of them prior to your purchase in a visible manor. Payments will be charged immanently after your purchase. Drink My Drink uses a third-party service to collect payments, therefore additional terms and conditions may be applied to your order. You are responsible to review the terms of conditions of such third-party payment gateways.

Refunds.

Drink My Drink offers a custom service so we do not accept any returns. In the unlikely case of a damaged package, please contact us with a description of the damage and we will determine if your order can be replaced accordingly.

Product Revisions:

Drink My Drink offers every customer one free product revision with their order. This revision can only be applied to the drink recipe. Design and imagery are post-revision processes and cannot be revised. Additional revisions can be purchased at the Drink My Drink store.

Responsibility of Website Visitors.

Drink My Drink has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Drink My Drink does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 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. Any user or site owner who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such Content to Drink My Drink. In the same way, anyone who discovers Content on the Website that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, must report the same to Drink My Drink. Drink My Drink disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including the contents of alcoholic and non-alcoholic beverage producers, made available through the Websites and WebPages to which Drink My Drink links, and that link to Drink My Drink. Drink My Drink does not have any control over those non-Drink My Drink Websites and WebPages, and is not responsible for their contents or their use. By linking to a non-Drink My Drink Website or webpage, Drink My Drink 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. Drink My Drink disclaims any responsibility for any harm resulting from your use of non-Drink My Drink Websites and WebPages.

Copyright Infringement and DMCA Policy.

As Drink My Drink asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Drink My Drink violates your copyright, you are encouraged to notify Drink My Drink. Drink My Drink will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Drink My Drink or others, Drink My Drink may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Drink My Drink will have no obligation to provide a refund of any amounts previously paid to Drink My Drink.

Intellectual Property.

This Agreement does not transfer from Drink My Drink to you any Drink My Drink or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Drink My Drink. Drink My Drink, the Drink My Drink domain, the Drink My Drink logo, and all other trademarks, service marks, graphics and logos used in connection with Drink My Drink, or the Website are trademarks or registered trademarks of Drink My Drink or Drink My Drink’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 Drink My Drink or third-party trademarks.

Changes.

Drink My Drink 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. Drink My Drink may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

Drink My Drink may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Drink My Drink account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP, Premium or other Paid Services account, such account can only be terminated by Drink My Drink if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Drink My Drink’s notice to you thereof; provided that, Drink My Drink can terminate the Website immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The materials on Drink My Drink’s Website are provided ‘as is’. Drink My Drink makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Drink My Drink does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.

Limitation of Liability.

In no event will Drink My Drink, or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Drink My Drink under this agreement during the twelve (12) month period prior to the cause of action. Drink My Drink shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Drink My Drink  Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Drink My Drink, 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 out of your violation of this Agreement.

APPLICABLE LAW AND JURISDICTION

Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of residence of the registered Administrative Contact (the “Admin State”) for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.

RECORDS OF VISITOR USE AND ABUSE

You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.

VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.

Site Terms of Use Modifications

Drink My Drink may revise these Terms of Use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.