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Please read these Terms and Conditions (the “Terms”) carefully before using the Amoon Spirits application (the “Mobile App”) or Amoon Spirits website (the “Site”) provided and/or operated by Amoon Spirits LLC (“Amoon”), whether accessed via computer, mobile device, or other technology or any associated content, material, software, or functionality contained on the Site or Mobile App (each of the Site or Mobile App may individually or collectively be referred to as the “Services”). The term “you” or “your” as used in these Terms refers to the individual using the Services.
Amoon is committed to safe, responsible drinking. The Services, as well as Amoon’s products, are intended for individuals who are over the age of 21.
Both unregistered users and registered users with an Account (see below) may access and use the Services. Unregistered users may access the Site, while registered users have access to all features of the Services, subject to their account permissions and designations (as paid or unpaid and as business or individual). Your access to and use of the Services, as an unregistered or registered user, is conditioned on your acceptance of and compliance with these Terms. By accepting these Terms and/or using the Services, you hereby agree that these Terms constitute a legally binding agreement.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms or do not consent to do business electronically then you may not access and use the Services.
These Terms are effective as of the date of your initial use of the Services, and Amoon may terminate these Terms, including any rights herein, in Amoon’s sole discretion at any time and for any reason. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of the Terms. Upon termination of these Terms for any reason, all licenses and rights granted herein will also terminate. Any terms by their nature which are intended to continue beyond termination or expiration of these Terms will survive termination.
1. Eligibility.
Users must be at least 21 years old to use the Services. IF YOU ARE UNDER THE AGE OF 21, YOU ARE NOT PERMITTED TO USE THE SERVICES OR CREATE AN ACCOUNT OR OTHERWISE PROVIDE AMOON WITH ANY PERSONAL INFORMATION. The Services is provided to you for your personal, non-commercial use only. By agreeing to the Terms, you represent and warrant that you are: (i) at least 21 years old; (ii) that you have not previously been suspended or removed from the Services; and (iii) that your registration and/or use of the Services is in compliance with any and all applicable laws and regulations.
2. Creating an Account.
To use certain features of the Services, you must register for an account (“Account”) and provide certain information as prompted by the registration form. You represent and warrant that all information submitted is truthful and accurate at the time it is submitted and/or validated. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your Account. Each user must have their own Account and hereby agrees not to share their login credentials to any third-party. Amoon is not liable for any loss or damage arising from your failure to comply with these requirements.
3. Your Content and Conduct.
As a user of the Services, you may submit the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, and other materials (“User Content”) to the Services for the purposes of providing the services under these Terms, including uploading, posting, emailing, transmitting or otherwise making User Content available to Amoon, Amoon customers, and/or other users of the Services. You shall be solely responsible for your own User Content and the consequences of submitting, providing, using, and/or otherwise publishing your User Content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and you license to Amoon all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Services pursuant to these Terms. By submitting User Content to the Services, you hereby grant Amoon a worldwide, non-exclusive, royalty-free, sublicensable and transferable, irrevocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Amoon’s (and its successors’ and affiliates’) business in any media formats and through any media channels. You further agree that User Content you submit to the Services will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Amoon all of the license rights granted herein.
You further agree that you will not submit to or through the Services any User Content or other material that:
(i) Includes nudity or is sexually explicit, is in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person
or entity, or invasive of another’s privacy;
(ii) encourages others to do things that might cause bodily injury;
(iii) includes hateful content that promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual
orientation/gender identity, or whose primary purpose is to incite hatred;
(iv) spam, misleading metadata, and scams;
(v) is unsolicited or unauthorized advertising, solicitations for business, promotional materials, spam, chain letters, or pyramid schemes;
(vi) contains software virus or other computer code designed to limit functionality of any computer software or hardware or that compromises a user’s privacy; and/or
(vii) contains any false or misleading information or any material that could damage or harm minors in any way.
4. Scope of License.
Subject to the terms and conditions set forth in these Terms, Amoon hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services and any information included therein. Your access and use of the Services and these Terms are personal to you, and you may not transfer the license Amoon has granted to you or assign these Terms to someone else, including sharing your login credentials with any third-party. However, you may access and use the Services on any device you own or control, as permitted by Apple’s or Google Play’s terms of service.
5. Personal Information and Privacy.
The Services stores and processes personal data that you provide and/or have provided to Amoon. Additionally, Amoon may utilize one or more session recording tools or the equivalent in order to capture in real time and/or via a recording your access and use of the Services including but not limited to how you interact with the Services and may include how you enter personal data in the Services. It is your responsibility to keep your devices and access to the Services secure. Amoon therefore recommends that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating Services of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features, and it could mean that the Services won’t work properly or at all. The Amoon Privacy Policy governs Amoon’s use of your personal data and is expressly incorporated herein by reference.
6. Location Services.
The Mobile App uses location services, and the Site may also access location services. You will have the option to enable location services for the Mobile App in your settings. By electing to use the Services, you hereby grant Amoon an irrevocable, worldwide, non-exclusive, fully-paid-up license to store, use, and sublicense the location and/or personal data.
7. Compliance with the Law.
You are required to follow all applicable federal, state, local and other laws, and you agree you will not use the Services in violation of any of those laws.
8. Internet Connections.
Certain functions of the Services will require an active internet connection. The connection can be via Wi-Fi or provided by your mobile network provider, but Amoon is not responsible for and accepts no liability for the Services not working at full functionality if you don’t have internet access, you have exceeded your data allowance with your mobile network provider, and/or any other connection issues outside of Amoon’s control.
9. Data Allowances.
If you are using the Services outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Services or other third-party charges. In using the Services, you are accepting responsibility for any such charges, including roaming data charges if you use the Services outside of your home territory (i.e. region or country) without turning off data roaming.
10. Third-Party Services.
Amoon is not responsible for and accepts no liability for the way you use the Services. Further, when you are using the Services, it is important to bear in mind that, although Amoon endeavors to ensure the Services is updated and correct at all times, the Services does rely at least in part on third parties and third-party services to function, and Amoon cannot guarantee the accuracy of such services. It is up to you to ensure the services are accurate. Amoon accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on the functionality of the Services. By using the Services, you agree that Amoon may transfer relevant data to third-parties.
11. Indemnification.
You agree to indemnify, defend, and hold Amoon harmless for all claims, demands, costs, damages (including special, indirect, or consequential damages), fines, penalties, losses, liabilities (including reasonable attorneys’ fees and other costs of defense, investigation and settlement, and costs of enforcement of indemnity obligations), judgments, penalties, fines, and other amounts relating to or arising out of: (i) the use or misuse of the Services by you or anyone accessing the Services with your Account; or (ii) your breach of these Terms. In the event Amoon seeks indemnification or defense from you under this provision, Amoon will promptly notify you in writing of the claim(s) brought against Amoon or losses attributed to misuse by you for which Amoon seeks indemnification or defense. Amoon reserves the right, at Amoon’s option and in Amoon’s sole discretion, to assume full control of the defense of claims, if applicable, with legal counsel of Amoon’s choice. You may not enter into any third-party agreement that would, in any manner whatsoever, constitute an admission of fault by Amoon or bind Amoon in any manner, without Amoon’s prior written consent. In the event Amoon assumes control of the defense of such claim, Amoon will not settle any such claim requiring you to admit liability without your prior written approval.
12. Changes.
Amoon is committed to ensuring that the Services is as useful and efficient as possible. For that reason, Amoon reserves the right to make changes to the Services or to charge for its services, at any time and for any reason. Amoon reserves the right to charge for the Services and/or certain features within the Services in its sole discretion.
13. Updates, Maintenance, and Support.
Amoon reserves the right to update the Services at any time. The Mobile App is currently available on Android and iOS – the requirements for both systems (and for any additional systems Amoon decides to extend the availability of the Mobile App to) may change, and you will need to download the updates if you want to keep using the Mobile App. Amoon does not represent or warrant that it will update the Services so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device or that the Services will work on all browsers or older versions of browsers. Once updated, Amoon does not support older versions of the Services. Amoon may stop providing the Services and may terminate use of it at any time without giving notice of termination to you. Unless Amoon expressly commits or agrees in writing otherwise, upon any such termination: (i) the rights and licenses granted to you in these Terms will end; and (ii) you must stop using the Services, and (if needed) delete the Mobile App from your device. Amoon, and not Apple or Google, is solely responsible for providing updates, maintenance and support for the Mobile App.
14. Links to Other Web Sites.
The Services may contain links to third-party web sites or services that are not owned or controlled by Amoon. Amoon has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Amoon will not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
15. Warranty Disclaimer.
YOU EXPRESSLY AGREE THAT USE OF AMOON’S SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, AMOON DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (I) WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SERVICES; (III) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH THE SERVICE; (V) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE; (VI) WARRANTIES THAT YOUR USE OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (VII) WARRANTIES THAT ERRORS IN THE SERVICES WILL BE CORRECTED.
16. LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL AMOON BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF AMOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL AMOON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Intellectual Property Rights.
You agree that the Services contains proprietary information and material that is owned by Amoon or its licensors and is protected by applicable intellectual property and other laws. You may not send the Services or any of its proprietary information or material on to anyone else, and you are not allowed to copy or modify the Services, any part of the Services, or Amoon’s trademarks in any way or to authorize any third-party to do the same on your behalf. You are not allowed to decompile, reverse engineer, disassemble, attempt to extract the source code of, decrypt, or modify the Services or any portion thereof, and you must not translate the Services into other languages, or make derivative versions. You shall not nor authorize any third-party to engage in “spidering,” “screen scraping,” “database scraping,” harvesting of user information or data available through the Services, or any other automatic means of accessing, logging-in, or registering on the application, or obtaining or accessing any information from or through Services. You further agree that any attempt to circumvent any Services monitoring or security measures is strictly prohibited. The Services itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it belong to Amoon or its third-party licensors. In the event that a third party claims the Services or your possession and use of the Services infringes on any third party’s intellectual property rights, Amoon and not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. If you or anyone acting on your behalf or through your Account sends or transmits any communications or materials to Amoon by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), all such Feedback is and will be treated as non-confidential. You hereby assign to Amoon all right, title, and interest in, and Amoon is free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Amoon is not required to use any Feedback.
18. Copyright Policy.
Amoon respects the intellectual property rights of others and expects users to do the same. In appropriate circumstances and at Amoon’s sole discretion, Amoon may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in Amoon’s sole discretion, Amoon may remove or disable access to material on the Services, in whole or in part, that may be infringing or the subject of infringing activity. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Amoon will respond promptly to claims of copyright infringement that are reported to the agent that it has designated to receive notifications of claims infringement (its “Designated Agent”). Amoon’s Designated Agent is:
Mark McLaurine
17437 Carey Rd
Unit 281
Westfield, IN 46074
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to Amoon by providing the Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Amoon to locate the material.
(iv) Information reasonably sufficient to permit Amoon to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Amoon will investigate notices of copyright infringement and take appropriate actions under theDMCA. Inquiries that do not follow this procedure may not receive a response. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Designated Agent:
(i) Your physical or electronic signature;
(ii) Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Indianapolis, Indiana, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Amoon may send a copy of the counternotice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counternotice, at Amoon’s sole discretion.
19. Legal Compliance.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
20. Third-Party Beneficiary.
Apple and Apple’s subsidiaries, or Google and Google’s subsidiaries, are third-party beneficiaries of these Terms and will have the right to enforce these Terms against you as third-party beneficiaries.
21. Geographic Restrictions.
You agree that you will not present any false, inaccurate or misleading information in an effort to misrepresent yourself as a resident of a supported state or country, and you will not attempt to circumvent any restrictions on access to or availability of the Services.
22. Changes to the Terms.
Amoon reserves the right, in its sole discretion, to modify or replace these Terms at any time. Your continued use after such modification(s) or change(s) are made constitutes your acceptance of such updated Terms.
23. Governing Law; Venue; Waiver of Jury Trial.
These Terms will be construed, to the extent not preempted by applicable federal law, under the laws of the State of Indiana, without giving effect to any choice or conflict of law rules. All lawsuits shall be brought exclusively in the State of Indiana. Each party consents to the jurisdiction and venue of any court adjudicating the dispute in accordance with the foregoing sentence. EACH PARTY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION BROUGHT TO ENFORCE OR DEFEND ANY RIGHTS OR REMEDIES UNDER THIS AGREEMENT.
24. Miscellaneous.
No waiver by either party of any breach or default in these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings in these Terms are used for convenience only and shall have no legal meaning. If any section of these Terms is deemed unenforceable, such section shall be stricken, and the remaining terms shall not be affected and remain in full force and effect. In the event of any dispute arising out of or in connection with these Terms, the Services or its use, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. If you have been provided a translation of the English language version of these Terms, the Privacy Policy, or any other terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with Amoon and your use of the Services. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof. You may not assign these Terms or assign rights or delegate obligations under these Terms, in whole or in part, without Amoon’s prior written consent. This section and any section which is intended to survive shall survive the termination or expiration of this agreement.
25. Contact Us.
If you have any questions about these Terms or would like to report suspected bot or scraper activity on the Services, please contact Amoon: office@amoonspirits.com
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