We are pleased to welcome you to www.staplegin.com (the “Website”), operated by White Space Spirits, LLC. These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of White Space Spirit’s online Website, www.staplegin.com (the “Website”). Collectively, White Space Spirits, LLC and the Website are referred to as “Staple Gin.” In these Terms of Use, the words “you” and “your” refer to each customer, user, Website guest or visitor and “we”, “us” and “our” refer to White Space Spirits, LLC, Staple Gin, its subsidiaries, successors in interest and assigns and the Website.
Please read these terms of use carefully before using the Website and make sure you understand them. These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between Staple Gin and you regarding your use of the Website and supersede any prior statements or representations. This Website’s Privacy Policy is incorporated into these Term of Use by reference and is made a part hereof. You are not authorized to use the Website if you do not agree to be legally bound by any or all of these Terms and Conditions.
Consent to Terms and Conditions
By using the Website you agree that you have read and understood the Terms of Use and agree that you will comply with same for as long as you use the Website.
Use of this Website
Access to, distribution and/or use of this Website is subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit any area on the Website and/or create an account and/or any participate in any interactive functionality of the Website, you are deemed to have confirmed your acceptance to these Terms of Use and the Website’s Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use this Website. By having accepted these Terms of Use, and/or entering and participating in the activities offered on this Website, you affirm, represent and warrant that: (a) you are 21 years of age or older; (b) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; (d) you are a resident of the U.S.; and (e) your use of the Website shall not otherwise violate any applicable law, rule or regulation.
Changes to the Terms of Use
From time to time, these Terms of Use may change. Staple Gin reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on this Website and changes will become effective once posted. Your continued access to or use of the Website will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies.
You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.
Ownership of the Website and Services
This Website and the Services provided by on the Website and all intellectual property rights to the same (collectively, “Materials”) are owned or licensed by Staple Gin. Staple Gin hereby grants you permission to use the Website as set forth in these Terms of Use but nothing in these Terms shall be construed to confer upon you any license of or under any of Staple Gin’s intellectual property rights in the Materials.
You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Staple Gin (collectively, “Staple Gin intellectual property”) in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and with Staple Gin’s consent.
Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Materials, in whole or part, without the express permission of Staple Gin, is prohibited. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Provision of the Services by Staple Gin
Staple Gin seeks to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Staple Gin provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Staple Gin may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, at Staple Gin’s sole discretion.
Links
The Website may contain links to other applications, websites and social media features (collectively, “Apps”) that are not controlled and/or maintained by Staple Gin. Access to and use of such other Apps is at your own risk and subject to any Terms of Use and Privacy Policies which govern such Apps. By providing such links, Staple Gin shall not be deemed to endorse, recommend, approve, or guarantee any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such Apps. Staple Gin is not responsible for the content contained on any such App, or for the failure of any product or service offered, available for purchase, or advertised on any such App or for any damages that may result therefrom. Copyrights in the materials or information on the linked Apps are owned by other organizations. Moreover, such other Apps may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other Apps before using them.
Your Responsibilities
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all your data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Website.
You are responsible for maintaining the confidentiality of your account information, and you agree that you will restrict access to your device to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your account.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Website and Services.
Limitation of Liability and Warranty and Use Disclaimer
Staple Gin endeavors to make sure that all information and data it originates on the Website is accurate. However, Staple Gin is not responsible for any damages or loss related to the use of this Website.
THIS WEBSITE, ALL CONTENT AND MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS AND CONTENT CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBISTE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. STAPLE GIN RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBISTE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE WEBSITE OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.
UNLESS PROHIBITED BY LAW, NEITHER STAPLE GIN (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
TO THE FULLEST EXTENT PERMITTED BY LAW, STAPLE GIN MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF STAPLE GIN’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.
Staple Gin is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.
Indemnity
Unless prohibited by law, you agree to indemnify Staple Gin, and each of its parent, subsidiary and affiliated entities (collectively, “Staple Gin Affiliates”), furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify Staple Gin, shall survive beyond any term for which these Terms of Use are in effect.
Electronic Communications
When you communicate with Staple Gin electronically, via email or otherwise, you consent to receive electronic communications from Staple Gin. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Staple Gin satisfy any legal requirement that such communication be in writing. Staple Gin encourages you to retain your own copies of relevant information; however, upon your written request, Staple Gin will provide you with a copy of the information you provided to Staple Gin when creating your Account. Please see our Privacy Policy concerning providing information to Staple Gin, your consent to receiving information from Staple Gin, your ability to withdraw such consent, and Staple Gin’s obligations with respect to maintaining and/or returning any information you have provided to Staple Gin. To request a copy of information you provided to Staple Gin, please contact us at admin@staplegin.com
With respect to all communications you make to Staple Gin directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Staple Gin shall have no obligation to protect your communications from disclosure; (ii) Staple Gin shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Staple Gin shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without obligation to you.
Acquisition of Business
In the event that White Space Spirits, LLC, or an affiliate of White Space Spirits, LLC is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that White Space Spirits, LLC goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Website, all data collected on the Website (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of White Space Spirits, LLC may continue to use the Personal Information as set forth in this Privacy Policy. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations.
Contact Us
If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at admin@staplegin.com.
Copyright Infringement – Notice and Take-Down Policy
Staple Gin values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, you may notify Staple Gin in writing as follows:
Address:
Staple Gin
10 Union Street
Roscoe, New York 12772
Electronic Mail Address: admin@staplegin.com
In your notice, you must include the following:
- a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
- identification of the copyrighted work(s) that is (are) allegedly being infringed;
- identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Staple Gin to locate such materials;
- contact information (i.e., name, address, email address) sufficient to enable Staple Gin to contact you;
- a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
U.S. Export Controls
Software from or related to this Website (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Website. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries’ export laws, as applicable. Downloading or using the Software is at your sole risk.
Disputes and Governing Law
Use of this Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Staple Gin of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Staple Gin’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.
Except where prohibited by law, as a condition of you accepting these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.
Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website, and/or the Content and/or the Materials.
By accepting these Terms and Conditions, you have agreed to waive your right to recover any damages relating to your use of the Website. If such waiver is deemed unenforceable, you, nonetheless, and notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, you agree that your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
Notwithstanding anything to the contrary set forth in these Terms of Use, Staple Gin may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Staple Gin, in the event that Staple Gin believes that there is a violation, or a threatened violation, that has jurisdiction of any of Staple Gin’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.