Welcome to our Website. This Website is an informational website owned and operated by Tonelera, LLC (hereinafter “Bellagave Tequila”), of 6817 Southpoint Parkway, Suite 1704, Jacksonville, Florida, 32216, USA, and [email protected].
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME). YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION XVII BELOW.
I. Intellectual Property
The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the Website Content) and all intellectual property rights to the same are owned by either Bellagave Tequila, or other third-party owners, licensors, suppliers or creators (collectively, the Third-Party Content). Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are either owned by us or other third-party owners, licensors, suppliers or creators. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website, Website Content or Third-Party Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
II. Website Access and Use
A. Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content and Third-Party Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of Third-Party Content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
B. Except as expressly permitted in these Terms of Use, you may not:
Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website, Website Content, or Third-Party Content;
Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Website, Website Content, or Third-Party Content;
Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website, Website Content, or Third-Party Content for any purpose without the express written permission of Bellagave Tequila, or other third-party owners, licensors, suppliers or creators. Notwithstanding the foregoing, Bellagave Tequila grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
Decompile, reverse engineer, or disassemble any portion of the Website;
Use network-monitoring software to determine architecture of or extract usage data from the Website;
Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Registered Account without permission, etc.);
Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
You agree to cooperate fully with Bellagave Tequila to investigate any suspected or actual activity that is in breach of these Terms of Use.
III. Conditions for Linking to Website
Upon your acceptance of these Terms of Use as evidence by your continued access and further use of any the Website, we hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any website you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure the Website, so long as the website where the link resides, and all other locations to which such website links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission of providing a useful events driven Website. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.
IV. Website Content and Third-Party Links
A. We provide the Website including, without limitation Website Content and Third-Party Content for informational, entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content and Third-Party Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content and/or Third-Party Content.
B. In some instances, Website Content will include content posted by a third-party (“Third-Party Content”) or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities. Please see Section V. Third-Party Content.
C. The Website may contain links to other Websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party Websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their Website.
D. Please review our Privacy Policy’s Section II. Collection of Information and Usage of Publicly Identifiable Information.
V. Third-Party Content
A. Certain information and content may be provided by third-party owners, licensors, suppliers or creators to the Website (collectively, the Third-Party Content). The Third-Party Content is, in each case, the copyrighted work of the owner, licensor, supplier or creator. Unless you have permission from the owner of the Third-Party Content, you agree to only display the Third-Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third-Party Content in any manner unless you have permission from the owner of the Third-Party Content. Bellagave Tequila DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD-PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. Please review our Privacy Policy’s Section II. Collection of Information and Usage of Publicly Identifiable Information.
VI. User Registration
A. In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of eighteen, then you are not permitted to register as a user or otherwise submit personal information to this Website.
B. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a Registered Account), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Registered Account. You are solely responsible for the activity that occurs under your Registered Account, whether or not you have authorized the activity. You agree to notify us immediately at [email protected]. of any breach of security or unauthorized use of your Registered Account.
VII. Website Conduct
Bellagave Tequila asks that you respect our online community and other individuals. When submitting Submissions to or otherwise using the Website and/or the services, you agree not to:
Defame, abuse, harass, threaten, stalk, or otherwise violate the legal rights of others;
Use racially, ethnically, or otherwise offensive language;
Use explicit or obscene language or solicit/post sexually explicit images (actual or simulated);
Violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, and privacy or publicity rights;
Impersonate or represent Bellagave Tequila, our staff or other industry professionals;
Impersonate any other person or entity or misrepresent your identity or that of your company;
Solicit a member’s password or other account information;
Harvest names, addresses, website addresses, RSS link addresses or email addresses for any purpose;
Use any robot, spider, scraper or other automated means to access the Website, except for accessing RSS feeds;
Take any action that creates an unreasonable or disproportionately large load on our infrastructure;
Artificially inflate or alter the ratings available on this Website or alter any comments posted by others on this Website;
Engage in or facilitate the transmission of unsolicited mass mailing or spamming;
Post advertisements;
Incite illegal activity;
Violate or solicit the violation of any applicable local, state, national or international law or regulation.
The above list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require Bellagave Tequila to monitor or remove any Submissions or other information that is submitted by you or that of any other user. Bellagave Tequila reserves the right to terminate your access to your Registered Account, your ability to access and provide Third-Party Content or Submissions to the Website, or to receive the services, or remove your Submissions, with or without cause and with or without notice, or for any action or conduct that Bellagave Tequila determines is inappropriate, disruptive or damaging to the Website, services or to any other user of the Website and/or services. You hereby agree to waive any and all claims against Bellagave Tequila and its affiliates, agents, contractors, and employees for losses, damages and injuries for which are based on or relate to communications or materials made available to the Website or posted on the Website by persons other than Bellagave Tequila. Bellagave Tequila may report to law enforcement authorities any and all actions that may be illegal and any reports it receives of such conduct. When legally required or at Bellagave Tequila’s discretion, Bellagave Tequila will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website.
VIII. Copyright Infringement Notice
Bellagave Tequila respects the intellectual property rights of others, and we ask you to do the same. Bellagave Tequila reserves all rights, in its sole discretion, in removing all access to and deleting all Website Content, Third-Party Content or Submissions, with or without notice, upon which there are submitted claims of copyright infringement. Bellagave Tequila also reserves all rights, in its sole discretion, to terminate Registered Accounts, with or without notice, upon which Third-Party Content and/or Submissions of copyright infringement claims are submitted against. Those that copyright infringe or violate the intellectual property rights of others with their Third-Party Content and/or Submissions to this Website are on notice that they may be liable for attorneys’ fees and costs for materially misrepresenting their ownership of said Third-Party Content and/or Submissions. We strongly suggest that if you have questions regarding copyright infringement or other intellectual property issues that you contact a licensed attorney for legal advice. If you believe that any Website Content, Third-Party Content, Submissions, material or otherwise on this Website violates your rights as a copyright owner, then please follow the instructions in Section IX. Digital Millennium Copyright Act Notice.
IX. Digital Millennium Copyright Act Notice
Bellagave Tequila will respond to specific notices provided to us of copyright infringement on our Website as established by the Digital Millennium Copyright Act (“DMCA”). Bellagave Tequila may upon receipt of a notice complying with § 512 of the DMCA (17 USC § 512(c)(3)) and in appropriate circumstances and at our discretion, remove any and all allegedly copyright infringing content, and may terminate service and/or access to this Website for Registered Accounts who infringe the intellectual property rights of others. Upon the removal of the allegedly copyright infringing content, Bellagave Tequila will make a good-faith attempt to contact the content provider or owner to allow for a response under the DMCA’s counter-notification procedures established under § 512 (17 USC § 512(g)(2-3)) and if compliant, Bellagave Tequila may return the allegedly infringing content to the Website.
Bellagave Tequila’s, designated Copyright Agent for notice of claims of copyright infringement on this Website and counter-notification as established by the DMCA must be sent to our mailing address:
Tonelera, LLC/Bellagave Tequila
Attn: Copyright Agent
6817 Southpoint Parkway, Suite 1704
Jacksonville, Florida, 32216
U.S.A.
If you believe that your work is the subject of copyright infringement and appears on our Website, please provide Bellagave Tequila’s, designated Copyright Agent the following required information in writing:
A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works have been allegedly infringed, a specific list of such works at that site;
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 at the Website and information reasonably sufficient to permit Bellagave Tequila to locate the referenced material.
Information reasonably sufficient to permit Bellagave Tequila to contact you as the complaining party, such as an address, telephone number, fax number, and, if available, an email address;
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 and/or trademark owner, its agent, or the law; and
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.
If you believe that your work has been removed from our Website in error, please provide Bellagave Tequila’s designated Copyright Agent the following required information in writing:
Your name, address, and telephone number;
Your physical signature;
Identification of the material that has been removed or disabled from the Website;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
A statement that you consent to the jurisdiction of the United States District Court in your district, or if you reside in a foreign country, that you consent to jurisdiction in any United States District Court where Bellagave Tequila is subject to jurisdiction, and that you will accept service if process originates from the alleged copyright owner who provided Bellagave Tequila with notification, or from an agent of such a person.
X. Privacy Policy
Your use of the Services is governed by the Privacy Policy.
XI. Indemnification
You agree to indemnify and hold harmless Bellagave Tequila and its employees, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content and/or Third-Party Content provided by you or through use of your Registered Account; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
XII. Disclaimers
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BELLAGAVE TEQUILA DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
XIII. Limitation on Liability
A. UNDER NO CIRCUMSTANCES SHALL BELLAGAVE TEQUILA AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF BELLAGAVE TEQUILA AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY BELLAGAVE TEQUILA DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.
C. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
XIV. Termination
A. We reserve the right in our sole discretion and at any time to terminate or suspend your Registered Account and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Bellagave Tequila shall not be liable to you or any third party for any termination or suspension of your Registered Account or for blocking your access to the Website.
B. If you become a registered user, you may terminate your Registered Account and have all your Third-Party Content removed at any time by sending an e-mail to [email protected].
C. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Registered Account or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law.
D. Please review our Privacy Policy’s Section II. Collection of Information and Usage of Publicly Identifiable Information for opt-out instructions for events information from our Website or network of websites when not associated with a Registered Account.
XV. Governing Law; Venue and Jurisdiction
By visiting or using the Website, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Florida.
XVI. Arbitration
YOU AND BELLAGAVE TEQUILA AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE WEBSITE 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 OF USE, THE WEBSITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE WEBSITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) 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 or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party or through any of our affiliates may be arbitrated.
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 and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Service (including your visit to or use of the Website and/or the Service) be instituted more than three (3) years after the cause of action arose.
XVII. Amendment; Additional Terms
A. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or Additional Terms that may govern your use of the Website generally, unique parts of the Website, or both (Additional Terms). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
B. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you may terminate your Registered Account as provided in Section XIV herein or, if you do not have an Registered Account, your only recourse is to immediately discontinue use of the Website.
XVIII. Miscellaneous
A. Any delay or failure on the part of us to exercise or enforce any rights under these Terms of Use to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
B. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
C. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.