Monarca Spirits International, Corp.
P.O BOX 663 Ashburn, VA 20146
Please note: The laws and regulations in different countries impose different (and even conflicting) requirements on the Internet and data protection. The servers that make the Website available worldwide are located in the USA. All matters relating to the Website are governed by the laws of the State of Virginia, in the USA. Please note that any information you provide will be transferred to the USA, and by using the Website or providing us your personal information, you authorize this transfer.
I. INFORMATION WE COLLECT
When you register with the Website, you can elect to provide us with contact information, such as your name, physical and electronic address, phone number, and other similar contact details to receive information and updates on our products and services, as well as those of our subsidiaries, affiliates, and parent companies and any of their related businesses as well as those of our third-party partners. Such information will not be used for marketing and promotion of such products and services unless you request to receive such information. We use return email addresses to answer the email that we receive, and we may use return email to send you other information. Such addresses are not used for any other purpose.
When visiting the Website, you may be asked questions, the answers to which are collected on an aggregate basis (i.e., the answers will not be stored in a manner that identifies them with you personally).
Contest and Sweepstakes
Registration may be required to be eligible to enter online contests or sweepstakes. The Company may use the information you provide when registering to manage your entry, fulfill prizes, which may include disclosure to third-party entities that assist with such fulfillment, and for other marketing and promotional purposes related to the contests or sweepstakes as disclosed on the rules applicable to a particular contest or sweepstakes.
In addition to information that you provide us voluntarily, the Company may collect aggregate information in the form of IP addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers, the computers that “serve up” web pages, automatically identify your computer by its IP address. When you request a page from the Website, our servers log your IP address and certain other information, such as browser type, internet service provider (ISP), referring/exit pages, operating system, data/time stamp, and clickstream data. We do not link this automatically-collected data to any data that is personally identifiable to you. Although your Website session may be logged, the automatically-collected data will not reveal to us any personally identifiable information about you.
Cookies and Other Tracking Devices
Cookies and other user tracking devices (e.g., locally stored objects) may be stored in your computer’s hard drive when you visit the Website. These tracking devices may also be used to help us speed up your future activities or to improve your experience by remembering the information that you have already provided to us. We do not use these devices to retrieve information from your computer that was not voluntarily provided by you. The use of these devices is an industry standard. Some of our business partners may also use these devices to provide us with anonymous data and information regarding the use of the Website. At your option, you may block or delete tracking devices from your hard drive. However, by disabling such tracking devices, you may not have access to the entire set of features of the Website. For information on how to disable and manage such tracking devices, visit http://www.aboutads.info/consumers/.
II. HOW WE USE AND SHARE THE INFORMATION COLLECTED
We may use information collected from you in the following ways:
We may use information for internal user activity and marketing analysis, for example, to assess trends amongst our consumers or to measure the amount of traffic to the Website. We may also share non-personal information with others, such as advertisers, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you.
We may use your personal information in order to communicate with you about our products and services and those of our subsidiaries, affiliates, and parent companies and any of their related businesses and those of our third-party partners.
We may arrange for selected organizations to send you marketing and promotional information that may be of interest to you if you have elected to receive such information. In such circumstances, your personal information may be disclosed to these organizations who will agree to be bound by the terms of this privacy statement. We will obtain your permission before we send you any such communications.
Information that you post on or through the public areas of the Website (e.g., chat rooms, bulletin boards, and discussion groups) are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. Users of the Website are encouraged to exercise caution when providing personal information about themselves in public or interactive areas.
In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including, without limitation, personally identifiable information that you provide and other information concerning your relationship with us.
We may transfer your personal information to third parties under confidentiality obligations for the performance of services provided to us or in connection with the administration and support of the activities noted above (e.g., the administration of a marketing campaign).
We may disclose your personal information if permitted by law or required to do so by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our customers or users of the Website.
Our policies and procedures limit access to personal information to those with a business reason to know such information. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. However, due to the open communication nature of the Internet, we cannot represent, warrant, or guarantee that communications between you and us, or personal information stored on our servers, will be free from unauthorized access by third parties, loss, misuse, or alterations. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR UNAUTHORIZED ACCESS OR USE, OR COMPROMISE OF YOUR PERSONAL INFORMATION SUBMITTED THROUGH THE WEBSITE. USERS ARE HEREBY ADVISED THAT THEY SUBMIT SUCH PERSONAL INFORMATION AT THEIR OWN RISK.
III. WIRELESS MARKETING SERVICES
We may provide you with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices (e.g., SMS), such as mobile phones (the “Mobile Services”) and, in the event we do so, users are required to provide their consent to receive such information, either by registering on the Website or via their wireless device (or both). We may require you to consent again in a subsequent confirmation message. Such services and promotional opportunities may be provided by our third-party affiliates and service providers.
IV. THIRD-PARTY SITES
V. ACCESS TO, MODIFICATION OF, AND CORRECTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
You may request that we provide you the information we hold about you, update your information, or ask us to remove your information, or to correct any inaccuracies in such personal data by sending an email to firstname.lastname@example.org. We will use reasonable efforts to deal with your request within a reasonable time.
VI. REFERRAL SERVICE
The Website may include a referral service that allows you to tell a friend about the Website or certain content on the Website by submitting your friend’s name and email address to us. We will automatically send your friend a one-time email inviting him or her to visit the Website. The Company stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at email@example.com to request that we remove this information from our database.
VII. YOUR CALIFORNIA PRIVACY RIGHTS
Residents of the State of California have the right to request from certain businesses with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. We are only required to respond to a customer request once during any calendar year. To obtain this information, you should send a request to firstname.lastname@example.org with the subject heading “California Privacy Rights.” In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information on covered sharing will be included in our response.
IX. CONTACT INFORMATION
X. EFFECTIVE DATE OF POLICY
Monarca Spirits International, Corp.
P.O BOX 663
Ashburn, VA 20146
TERMS AND CONDITIONS
Monarca Spirits International, Corp.
P.O BOX 663
Ashburn, VA 20146
TERMS AND CONDITIONS of use for EXODO Tequila a product of Monarca Spirits International Corp. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY APPLY TO YOUR USE OF THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE.
Material from the Website is protected by copyright and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the copyright owner.
You may access and use the Website and the services available on the Website only if you are at least the minimum legal purchase age for alcoholic beverages in the jurisdiction in which you are located. Use of the Website is void where prohibited by applicable law and the right to access the Website is revoked in such jurisdictions. All trademarks on the Website are property of the Company unless otherwise indicated. Material on the Website is provided for lawful purposes only.
USE OF YOUR SUBMISSION. By posting or otherwise submitting your comment, story, recipe, video(s), photograph(s), image(s), or any other type of submission (each a “Submission”), you hereby irrevocably grant to the Company all present and future rights, title, and interest of every kind and nature whatsoever, including, without limitation, all copyrights and all rights incidental, subsidiary, ancillary, or allied thereto (including, without limitation, all derivative rights) in and to the Submission, and any ideas, concepts, or elements embodied therein, for use throughout the universe in any manner or venue and for any purpose (including, without limitation, for purposes of advertising, promoting and publicizing the Company and its products and services) by means of any and all media and devices (whether now known or hereafter devised) in perpetuity. The Company shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that the Company deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. You represent and warrant to the Company as follows: (a) you are voluntarily submitting the Submission; (b) you understand that no copy of your Submission will be returned to you; © the content of the Submission is previously unpublished and is original to you (or, if you are not the person that created the Submission, the person who created the Submission has granted to you all rights necessary to allow you to grant to the Company the rights granted pursuant to these Terms and Conditions); (d) the Submission does not disparage the Company or its competitors, does not contain any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, and does not contain the names of any people (including, without limitation, any celebrities) or any non-Company trademarks; (e) the content of the Submission is not the subject of any actual or threatened litigation or claim; and (f) neither the Submission, nor the use of the Submission by the Company in any manner, venue or media, whether now known or hereafter devised anywhere in the universe at any time for any purpose (including, without limitation, for purposes of advertising, promoting and publicizing the Company and its products and services), will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. You hereby agree to indemnify and hold harmless the Company from and against any and all third-party claims, actions, or proceedings of any kind, and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach by you of any of your warranties, representations, or agreements hereunder.
NO OBLIGATION TO USE. The Company shall have no obligation (expressed or implied) to use (or post) the Submission or to otherwise exploit the Submission or, if commenced, to continue the distribution or exploitation (or posting) thereof, and the Company may at any time abandon the use (or posting) of the Submission and/or remove the Submission from the Website for any reason in its sole discretion. You shall not be entitled to any damages or other relief by reason thereof.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. You hereby acknowledge and agree that the relationship between you and the Company is not a confidential, fiduciary, or other special relationship, and that your decision to provide the Submission to the Company does not place the Company in a position that is any different from the position held by members of the general public with regard to elements of the Submission. You acknowledge and agree that the Company does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
IMPORTANT. PLEASE READ GENERAL RELEASE AND LIMITATIONS ON LIABILITY.
By making your Submission, you agree that: [(1) any and all disputes, claims, and causes of action arising out of or connected with the Submission shall be resolved individually, without resort to any form of class action (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submitting the Submission, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will you be permitted to obtain any award for, and you hereby knowingly and expressly waive all rights to seek, punitive, incidental, or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. You acknowledge and agree that the Company is not responsible for any damage to your computer system that is occasioned by accessing the website, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions, or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
You agree that any litigation between you and the Company arising from or pertaining to your Submission (including, without limitation, any use by the Company of your Submission) and/or your use of the Website shall be governed by Ashburn law and that exclusive jurisdiction resides in the courts of the State of Ashburn, in the USA.
WIRELESS MARKETING SERVICES
The Company may provide short message service (“SMS”) communications relating to special promotions, services, news, programming, and information via text messaging and other wireless devices (the “Mobile Services”). Depending on the length of the data returned, more than one SMS message may be sent. The Mobile Services are available for AT&T, Verizon, T-Mobile, Sprint, Nextel, Alltel, and US Cellular users. Message and data rates may apply.
If you register for Mobile Services, you understand and agree that you may be charged a fee by your wireless carrier to send and receive messages based on the terms of your wireless device service plan. Under no circumstances will the Company be responsible for any wireless email, or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number or email address. Check with your wireless device service provider if you have questions about your service plan.
When you complete forms online or otherwise provide us information in connection with the Mobile Services, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Mobile Services and pursue any appropriate legal remedies.
To the extent that you receive any content through the Mobile Services, the Company grants you a limited, non-exclusive, non-transferable, revocable right to download such content provided by the Company to your compatible device solely for your own personal, non-commercial use. You understand and agree that you may not download, reproduce, modify, display, perform, transfer, distribute, or otherwise use the downloaded content except as expressly provided under these Terms and Conditions and other terms applicable to such content. You understand and agree that you may not authorize, encourage or allow any downloaded content used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. You agree to not refer anyone to the Website or to forward or share any content you receive from the Company through the Mobile Services to anyone who is below the legal purchase age for alcoholic beverages in the jurisdiction in which he or she is located. If you breach this license you will be liable for damages incurred by the Company and its licensors.
You understand, acknowledge, and agree that we may, in our sole discretion and without liability to you and any user, terminate any offer of any specific Mobile Services at any time without advance notice. We may, but are not obligated to, provide notice of terminations or changes in the Mobile Services on the Website.
The appearance on the Website of external hyperlinks to third-party sites, in any form, does not constitute endorsement by us or any of our subsidiaries and affiliates, of the opinions or views expressed by any such third-party websites and we do not take responsibility for the accuracy, currency, completeness, or quality of the content contained at such sites. Furthermore, we are not responsible for the quality or delivery of the products or services offered, provided, accessed, or advertised by any third party. As such, neither we nor our subsidiaries and affiliates will be responsible or liable to you in any way for any content, errors, or omissions, or for the results obtained from the use of any information contained in or provided to those third-party sites.
DISCLAIMER AND LIMITATION OF LIABILITY/INDEMNITY
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. We are not liable for any damages, harm, or injury that relates to, arises out of, or results from the use of, access to, or the inability to use, any of the material on the Website, or any errors, or unauthorized access to your personal information. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Website or with respect to any content contained on the Website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any content or your information rests with you.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS WILL NOT BE LIABLE, EXCEPT AS EXPRESSLY SET FORTH IN SECTION II, FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THE WEBSITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY. You agree to indemnify, defend, and hold us and our representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from, or related to, (i) any breach by you of these Terms and Conditions, (ii) your Submissions, (iii) your use of content or features available on the Website in an unauthorized manner, and/or (iv) a violation by you of any and all applicable laws, rules, or regulations.
We respect the intellectual property rights of others and we ask that users of the Website do the same. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 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; 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; A statement that the complaining party has 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; 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 an exclusive right that is allegedly infringed; The information specified above must be sent to our Designated Agent, whose contact information is as follows:
Monarca Spirits International, Corp.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material. Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user who posted the material that the Company has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:
Identification of the copyrighted work that was removed, and the location on the Website where it would have been found prior to its removal; A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
REVISIONS TO THESE TERMS AND CONDITIONS
We reserve the right to change these Terms and Conditions at any time. Please review the contents of these Terms and Conditions frequently, as the Company may amend them from time to time to reflect changes in its general rules and policies governing your use of the Website. Amendments will become effective when posted on the Website. The Company will not provide you with a notice of any change in these Terms and Conditions. It is your responsibility to monitor and review any updates to these Terms and Conditions. Your continued use of the Website, or online services provided by the Company, after such posting will be deemed your acceptance of these changes to these Terms and Conditions.
Should you have any questions or concerns about these Terms and Conditions, please email us at email@example.com.
EFFECTIVE DATE OF TERMS AND CONDITIONS
These Terms and Conditions are effective and were last updated on August 20, 2013.
Monarca Spirits International, Corp.
P.O BOX 663
Ashburn, VA 20146