THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS REGARDING YOUR USE OF THE MEILI SPIRITS, LTD WEBSITE. YOUR ACCESS AND USE OF THE MEILI SPIRITS, LTD WEBSITE IS SUBJECT TO THE FOLLOWING TERMS OF USE AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF USE SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE MEILI SPIRITS, LTD WEBSITE.
The use of this website and services on this website provided by Meili Spirits, Ltd (“Company” or “Meili”) are subject to the following Terms of Use (“Agreement”). This Agreement shall govern the use of all pages on this website (the “Website” or “Site”) and any services provided by or on this Website (the “Services”).
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. “Meili,” “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.”
By using the Website [www.meilivodka.com], 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.
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 the 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 the Company upon their entering the 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.
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, product formulations (whether provided to Company by User or created by Company), 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, product formulations, 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:
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. Any other use of the Website content or Company IP is strictly prohibited. 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.
User grants to Company a non-exclusive, non-transferable, limited, royalty-free license during the term (as defined below) to use any trademarks, tradenames, logos, designs, or other intellectual property provided by you to Company (“User IP”) in connection with the marketing of the products, including without limitation on packaging, Company’s website pages relating to customized products, and any other of Company’s print or digital marketing materials relating to the customized products. For avoidance of doubt, all product formulations, including customized product formulations provided by you to Company, are the exclusive property of the Company as Company IP.
You warrant and represent that:
You shall indemnify and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives of such parties, from all damages, liabilities, claims, causes of action, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with:
As a user of the Website, 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 immediately. Providing false or inaccurate information or using the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
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 the general business of the Company.
Our policies relating to the privacy of any information gathered or transmitted on our Website are included in our Privacy Policy, located at [www.meilivodka.com] (or on the same domain), which is fully incorporated herein by reference. By continuing to use the Website, you agree to be bound by our Privacy Policy and all future amendments, modifications, and changes thereto.
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.
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.
Alcohol Products
We do not sell, offer to sell, or solicit sales of alcohol directly to consumers on the Website. Our Website may enable you to search online for alcohol and other products available for sale by alcohol beverage licensees (“Licensees”) (e.g., retailers or other parties permitted to sell alcohol directly to consumers). The service is not meant to facilitate any improper furnishing of inducements or any improper exclusionary practices under relevant laws. 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. Our service may be limited or unavailable in some areas based on local law.
When you order, it is an offer to purchase from a Licensee. The Licensee reviews your order and decides whether to accept it. If the Licensee accepts your order, they will charge your payment card and arrange for delivery, pick-up, or shipment. Title to all alcohol beverages passes from the Licensee to you at the warehouse and state in which it is purchased; you take responsibility for shipping it from the warehouse to your home state, in compliance with your local and state laws. You further represent that you are acting in a manner compliant with your local laws regarding purchase, transportation, and delivery of alcohol beverages, and that you are 21 years of age or older.
Licensees are solely responsible for all activities related to the sale and provision of alcoholic beverages, including but not limited to (a) selecting products to be offered, (b) setting purchase prices, (c) accepting or rejecting orders, and (d) fulfilling orders (including delivery or shipment). Company has no liability for lost, unprocessed, or mishandled orders.
Delivery is the sole responsibility of the Licensee. Company is not responsible for delivery of orders. All processing and delivery estimates are approximate, and Company is not responsible for any delays. The shipper may request a scan of a customer’s photo ID for age verification before shipping.
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.
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.
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.
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 linked from our Website now or in the future. The Company provides such links as a convenience only and does not sponsor or endorse these third-party sites or their contents. Use third-party links at your own risk.
The Website may contain interactive services (e.g., discussion groups, bulletin boards, chat rooms, blogs, social networking features) (“Public Forums”) that allow you to post or transmit information (“Postings”). We may or may not actively monitor Postings. Similarly, we may or may not exercise editorial control over Postings on any Public Forum. You may be exposed to content on Public Forums that is inaccurate, fraudulent, or deceptive—or that you find offensive or objectionable. Your use of Public Forums is at your own risk.
We reserve the right, but are not obligated, to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these rules. We may restrict, suspend, or terminate your use of the Website where, in our sole discretion, we believe there has been misuse.
Any Postings you make will be deemed non-confidential. You understand that personal or other information (e.g., username, email address, phone number) that you post in Public Forums is generally accessible to, and may be collected and used by others, resulting in unsolicited messages or other contact. You should not include personal information about yourself or others in Postings. We shall not be liable for the use or misuse by others of any information you post on Public Forums.
You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not unlawful, and that any “moral rights” in your Postings have been waived. You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Postings.
We are not responsible for maintaining your Postings and may delete them at any time. Content posted by users on Public Forums is not endorsed by us; it is your responsibility to evaluate the accuracy of such content. We are not liable for statements, advice, opinions, or other content provided by participants in Public Forums. You release us from any claims arising out of or related to disputes with other users.
To the extent that software or technical data is accessible through the Site, such software or technical data may be subject to export, re-export, and/or import controls by the United States or any other jurisdiction, and may not be downloaded or otherwise exported or re-exported in violation of applicable law.
The Company may, from time to time and at any time without notice to you, modify this Agreement. You agree that any modifications to this Agreement are effective immediately upon posting on the Website. You further agree to review this Agreement routinely to ensure you understand any such modifications. Your continued use of the Website after any modifications is a manifestation of your continued assent to the Agreement.
If any part of this Agreement is held ineffective or invalid by a court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. It supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
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, and that the Company shall have no liability for any damage or loss caused as a result of such downtime.
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 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. Upon termination of this Agreement, any provisions expected to survive by their nature shall remain in full force and effect.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEILI 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. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING OR USE OF THE WORKS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO ANY OF THE FOREGOING.
YOU ACKNOWLEDGE AND AGREE THAT MEILI AND ITS RELATED PARTIES ARE NOT LIABLE FOR ANY INJURY, LIABILITY, CLAIM, LOSS, DAMAGE, EXPENSE, COST, 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, OR (D) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA. YOU 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 CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR INABILITY TO USE THE SERVICE IS LIMITED TO THE SUM OF TEN DOLLARS ($10). SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
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 [INSERT STATE] shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts in [INSERT CITY, STATE]. You hereby waive any objection of venue.
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 personal resolution attempts fail, the dispute shall be submitted to binding arbitration. The arbitration shall be conducted by a single arbitrator in accordance with applicable Federal law and the law of [INSERT STATE]. Intellectual property claims by the Company will not be subject to arbitration and may be litigated. The Parties waive any rights to a jury trial in regard to arbitral claims.
d) CLASS ACTION WAIVER: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING OF ANY KIND.
e) ASSIGNMENT: This Agreement may not be assigned, sold, leased, or otherwise transferred by you. The Company may assign, sell, lease, or otherwise transfer this Agreement without your consent.
f) SEVERABILITY: If any part of this Agreement is held invalid or unenforceable, the remaining parts shall continue in full force and effect.
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.
h) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience only and do not affect the meaning of any provision.
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, riots, embargoes, pandemics, epidemics, or natural disasters.
k) ELECTRONIC COMMUNICATIONS PERMITTED: We will communicate with you by email or posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
By using [www.meilivodka.com] (the “Website”), you consent to these Terms of Use.
If you have any questions about these Terms of Use, please contact us at:
Email: [info@meilivodka.com]