Important: Please Read These Terms & Conditions Carefully Before Accessing Our Website.
This document was last updated on November 20, 2012.
1. Acknowledgment and Acceptance of Terms & Conditions
These Terms and Conditions (“Terms”) govern your use of the websites operated by Papanic Niche Spirits d/b/a Ya Mastiha Liqueur and its affiliates (collectively “PNS”), including www.YaMastiha.com (the “Site”). By accessing the Site you acknowledge and agree to the Terms appearing on the Site. If you do not agree to these Terms, you are not granted permission to use this Site and must exit immediately.
PNS reserves the right to revise these Terms at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this Site. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.
2. People Under the Age of 21
The Site is intended for adults aged 21 and older. We do not knowingly collect any personal information from anyone under the age of 21 on the Site. In the event PNS learns that we have unknowingly collected any personal information from anyone under the age of 21, we will immediately delete the person’s personal information from our records. If you are not 21 years of age or older, you are not authorized to use the Site. Please stop all use immediately.
3. Use and Ownership of Materials / Proprietary Rights
All rights to all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) of this Site are owned by PNS, our licensors or licensees. You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content. PNS is the copyright owner of this Site and no portion of this Site, including, but not limited to, text, images, audio or video, may be used in any manner, or for any purpose, without PNS’s express written permission, except as provided for herein. Without waiving any of the foregoing rights, you may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, create hypertext or other links or connections to any Site materials or make available to any person, or create derivative works of such Site material, or use it for commercial purposes, without PNS’s prior written consent. All other rights are reserved.
By entering this Site you acknowledge and agree that any name, logo, trademark, trade dress, slogan, or service mark appearing on this Site is owned or licensed by PNS and may not be used by you without prior written approval. Removing or altering any copyright notice or any other proprietary notice on any Site material is strictly prohibited. Sound, graphics, charts, text, video, information, or images of products, places or people are either the property of PNS or used on this Site with permission. Your use of any of these materials is prohibited unless specifically provided for on the Site. Any unauthorized use of these materials may subject you to penalties or damages, including, but not limited to, those related to violation of trademarks, copyrights, privacy, and publicity rights.
4. Product Information
Although we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor, and we cannot guarantee that your monitor’s display of any color will be accurate.
5. Use of Submissions & User Conduct
For any materials of any kind submitted by you on or through the Site (“Submission”), you automatically grant, and represent and warrant that you have the right to grant, to PNS an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission, in whole or in past, for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing. You further authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of any Submission on the Site. You represent, warrant and agree that no Submission will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.
PNS shall have the right, in its sole discretion, to decline to post and/or remove any Submission(s) for any reason or for no reason at all, at any time, and without notice.
By entering the Site, you agree that you will not take any action in relation to the Site that is improper, unlawful, or immoral. Although this Site is governed by U.S. laws (see below) and is intended for users in the United States only, due to the global nature of the Internet, users hereby agree to comply with all local rules regarding on-line conduct and acceptable content.
6. Nature of the Internet
Given the nature of the Internet, the transmission of any communication or material to PNS via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as secure.
7. Liability Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the following exclusions and limitations may not apply to you and you may have additional rights.
The Site, the Site materials on and in and made available through this Site, and the services, information, and products offered in connection therewith are made available “as is” and “with all faults.” Use of the Site is entirely at your own risk. PNS makes no representations or warranties, and disclaims all representations and warranties, with respect to the Site, the Site materials on and in and made available through this Site, and the services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and effort with regard to any and all Site materials on and in and made available through this site is with you.
PNS shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including, without limitation, lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site materials on and in and made available through this Site, or the services, information, and products offered in connection therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of PNS to you or any other person or entity in connection with, based upon, or arising from this site, the site materials on and in and made available through this site, or the information, or products offered in connection therewith exceed the price paid by you for such products.
8. Corrections and Changes
PNS endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms or otherwise, PNS is not responsible for any errors or omissions in the Site or Site Materials. PNS may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and PNS makes no commitment to update the information contained on or in this Site. PNS reserves the right to terminate your access to this Site in the event that you violate these Terms for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
You agree to defend, indemnify, and hold harmless PNS, its affiliates, and each of their directors, officers, agents, contractors, partners and employees, from and against any and all liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising out of or in connection with your use of this Site, your Submission(s) to the Site, or any violation of these Terms or of any law or rights of any third party by you.
10. Links to Other Web Sites
The Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. These sites are maintained by organizations over which PNS exercises no control, and PNS expressly disclaims any and all responsibility for the content, the accuracy of the information or quality of products or services provided by or advertised on these third-party sites. Without limiting anything else in these Terms or otherwise, PNS is not responsible for any errors or omissions in the Site or Site Materials, or for the information, links, text, graphics, or other items made available on other Web sites or by third parties.
11. Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms or otherwise, neither PNS nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
12. Governing Law and Jurisdiction
These Terms represent the entire agreement between you and PNS with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of NY, USA without reference to its conflict of law rules. By entering this site you acknowledge and agree that this site will only be construed and evaluated according to such laws. If you use this site from other locations you are responsible for compliance with any and all applicable local laws. PNS makes no representations that the materials contained within this site are appropriate for locations outside the United States. Any and all information contained in this site, including, but not limited to, information regarding products and services, applies only to those provided or offered within the United States.
You and PNS agree that, except as may otherwise be provided in regard to specific services on the Site in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms, the Site and/or the service or products offered herein (including your visit to or use of the site and/or the service or products) ,shall be final and binding arbitration, except that: to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that, in the event of any actual or threatened breach or default that cold give rise to irreparable harm, the non-defaulting party may apply to any court of competent jurisdiction for injunctive or other equitable relief pending the outcome of arbitration.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration shall be New York, New York, USA. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Papanic Niche Spirits
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