Terms of Service
Distiller Website and App Terms of Use
Distiller, Inc. ("Distiller", "We", "Us")
Last updated: November 30, 2023
These Terms of Use (the "Terms") govern your use of the Distiller website and each Distiller mobile app (collectively, the "Service"). By using the Service, you agree to the following:
1. You Agree to the Terms. You accept these Terms and Distiller's Privacy Policy (incorporated into these Terms by reference). If you don't agree with the Terms, then please do not use the Service. We reserve the right in our sole discretion to change, modify, add or delete portions of the Terms and the Privacy Policy at any time without notice. If you keep using the Service, we will assume you agree to the changes. Distiller and you acknowledge and agree these Terms are concluded between Distiller and you only, and not with Apple. Distiller is solely responsible for the Service and the content thereof. These Terms do not provide for usage rules for Services that are in conflict with the Apple Media Services Terms and Conditions as of the date listed above. If there is a conflict between these Terms and the Apple Terms and Conditions, the Apple Terms and Conditions will govern.
For Apple Device Users. You and Distiller acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
2. IDs at the Door. The Service is all about finding and experiencing great booze - a noble pursuit best left to those legally allowed to drink. By using the Service, you represent that you are of legal drinking age wherever you are accessing the Service. We may use tools to control access to the Service. Please do not disable or tamper with these tools or we will have to disconnect your access to the Service.
3. Third Party Products, Services, and Websites. We may offer third-party products/services through the Service. If you use any of these third-party products or services, you assume all risks and liabilities associated with your use. We may also link to websites including websites of our third-party service providers ("External Websites"). We have no control over these External Websites and will not be liable for any content, advertising, products, or other materials on or available from those External Websites. The External Websites should have their own terms of use and privacy policies, so be sure to check those out.
4. Creating an Account. Portions of the Service require you to create an account with Distiller ("Account"). You may create an Account by either providing us with your email address or by using your login details from social networking service ("SNS"). Because your Account is all about you, we expect that you will register with your information only and not anyone else's information. Please keep your contact information up to date so we can share cool information with you. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur through your Account. You will notify us immediately of any unauthorized use of your Account or any other breach of security. Distiller will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by Distiller or another party due to someone else using your Account or password. You may not use anyone else's Account at any time, without the permission of the Account holder.
5. License and Restrictions.
a. License: We want you to use the Service, so we grant you a limited license to use the Services for your personal use only. We also grant you a limited, revocable, non-transferrable, and nonexclusive right to create links to the Service, so long as the link doesn't make us look bad (i.e., isn't used in a false, misleading, derogatory, or otherwise offensive manner) or misrepresents the owner of the Services. If you are using the Services on any Apple-branded product that you own or control, you will use the Services as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Services may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
b. Restrictions: We're excited for you to use the Services, but we do need to set some rules as to how you can use them. 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. You may not use the Services for any non-personal purpose or in any way that interferes with our ownership rights in the Service, and we will terminate your Account and your access to the Services if you are in breach of this Section. Examples of activities that will terminate your access to the Services are:
i. Commercially exploiting the Service;
ii. Distributing, leasing, licensing, selling, renting, lending, conveying or otherwise transferring or assigning the Service, any passwords or usernames, or any copies of the Service, without our express prior written consent, except as allowed under these Terms;
iii. Making a copy of the Service or any portion of the Service, except as allowed under these Terms;
iv. Making a copy of the Service, or any portion of the Service, publicly available or available on a network for use or download by multiple users;
v. Using framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the material's owner; vi. Using any meta-tags or any other "hidden text" using "Distiller," our affiliates, partners or artists without our express written permission.
vii. Using any data mining tools or automation tools such as spiders, scrapers, crawlers, scripts, bots, or any other automated or manual method or process to access, retrieve, index, or reproduce the Service or its contents;
viii. Except as otherwise specifically provided by the Service or these Terms, using or installing the Service (or permit others to do same) on a network, for online use, or on more than one device at the same time;
ix. Using or copying the Service from any location-based site;
x. Reverse engineering, decompiling, disassembling, translating, preparing derivative works based on or otherwise modifying the Service, in whole or in part;
xi. Removing, obscuring or modifying any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Service, falsifying or deleting any author attributions, legal notices or other labels of the origin or source of the material;
xii. Misrepresenting the source of ownership of the Service;
xiii. Transporting, exporting or re-exporting (directly or indirectly) into any country forbidden to receive such Service by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time;
xiv. Conducting any other activity that might be considered illegal or tortuous. This includes, without limitation, "hacking" the Service, infringing the intellectual property or other rights of third parties, modifying, altering, translating, reverse engineering, decompiling or disassembling the Service or related documentation or creating derivative works based on the Service; or
xv. Scraping, building databases or otherwise creating permanent copies of content returned from the Service.
6. Distiller Pro.
a. The Services. The Services are free to use, but we also offer Distiller Pro, a paid subscription, which offers you provides you with an advertisement free experience when you are logged into your Account. You will be asked to supply certain information including your credit card number, the expiration date, the credit card security code, and your billing address, which will be collected through our third-party payment provider, ("Payment Provider"). We do not retain payment information provided to us. Please see the Privacy Policy for more information. You promise that you have the legal right to use any credit card(s) or other payment method(s) for any Account. You also give us permission to provide this information to third parties in order for us to verify and complete your subscription.
b. Renewal. By purchasing Distiller Pro, you acknowledge that your subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended at the end of the applicable term, and your payment method will automatically be charged for the subscription rate on the date of recurred billing, unless you have cancelled your subscription. At least thirty (30) days before the end of your Distiller Pro subscription renewal, Distiller will send you an email reminder. If you do not cancel your subscription before the renewal date, the credit card on file will be charged.
c. Cancellation. To cancel your subscription at any time, log on to your Account and follow the cancellation procedures on the "settings page." If you cancel, you may use your subscription until the end of your then-current subscription term.
7. User Conduct. We want Distiller to be a safe place, so while using the Service you must comply with our Community Guidelines, which are found HERE and incorporated into these Terms. If you decide to communicate with other users off the Service or meet other users in-person, you agree to exercise all necessary precautions for your safety. We will not be responsible for your interactions with other users.
8. License to Distiller. The Service may allow you to create content and data, including, but not limited to, photos, screenshots, product reviews, recipes and ratings, and flavor preference profiles ("Content"). In exchange for your use of the Service, you grant Distiller an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your Content in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your Content without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you waive any moral rights of paternity, publication, reputation, or attribution with respect to Distiller's use of such Content and data in connection with the Service and related goods and services under applicable law. This license granted to Distiller, and the above waiver of any applicable moral rights, survives any termination of this license.
9. Stay Connected. To access and use the Service, you need to have and maintain adequate internet connection. You are fully responsible for obtaining and maintaining internet access. Distiller and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
10. Ownership.
a. Distiller Materials. Distiller retains all right, title, and interest in and to the Service and all related patent, copyright, trademark, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right ("Rights").
b. Feedback. Any unsolicited ideas, suggestions, materials, or other information you share with us about the Service or other aspects of our business are considered unsolicited feedback ("Feedback"). If you provide us with Feedback regarding any aspect of the Service, Distiller will own all rights in and to such Feedback and any derivative products or services developed from the Feedback.
11. How We Use Your Personal Information. For information on how we use your personal information while you use the Service, please check out our Privacy Policy, which can be found HERE.
12. NO WARRANTIES AND LIMITATION OF LIABILITY.
a. THE SERVICE IS PROVIDED "AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
b. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS OR PRODUCTS AND SERVICES AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIAL ON THE SITE SUCH AS TEXT, GRAPHICS, LOGOS, IMAGES, DATA, SOFTWARE, APPLICABLE UPDATES, AND OTHER MATERIAL IS HEREBY DEFINED AS "MATERIAL". WE ARE NOT LIABLE FOR: (I) TECHNICAL PROBLEMS OR MALFUNCTIONS THAT AFFECT THE IMAGE GALLERY OR VIEWING OF THE USER MATERIAL; (II) LOST, FAULTY, ILLEGIBLE, DISTORTED, JUMBLED, GARBLED, DELAYED, INTERCEPTED, OR OTHERWISE UN-RECEIVED USER MATERIAL OR DATA TRANSMISSIONS. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY MATERIAL OR SERVICES ON THE SERVICE, AND LINKS TO THIRD-PARTY WEBSITES, OR ANY THIRD PARTY WEBSITES.
c. WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICE FOR YOUR PURPOSES, OR THAT THE USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, SCREEN-READERS, (ETC) HARDWARE, SOFTWARE, SYSTEMS OR DATA.
d. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED THE GREATER OF $1,000 OR THE TOTAL AMOUNT YOU HAVE PAID US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
e. If any iOS version of a mobile application included in the Services fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Distiller’s responsibility.
13. Indemnity. You will indemnify, defend, and hold Distiller, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your acts or your failure to act when using the Service.
14. Accessibility. We are committed to giving each user the best possible experience with our Service. If you have a concern about your access to the Service, let us know by filing a notice as described in section 15 below.
15. Disputes and Claims
a. Notice of Dispute or Claim. You will not file any legal action against Distiller in any forum without submitting a detailed description of your dispute or claim, ("Dispute") to Distiller at [email protected]. The information you provide to Distiller must include specific information about the claim such as the nature of the issue, the website page(s) affected by the issue, reference to any legal authority governing the issue (such as citations to state privacy laws, CANSPAM statutes, or similar regulations), and any other information a reasonable person would consider relevant to resolving the issue.
b. Resolution Process. Distiller will have ninety (90) days to respond to your email notice. If you send more than one (1) email notice, the 90-day response timeline applies separately to each email you send. If your issue is not resolved within 90 days, you have thirty (30) days to request an informal mediation about the issue with Distiller. If Distiller agrees to mediation, the mediation will take place in Seattle, Washington with a professional mediator to be mutually selected by the parties. The parties will split the costs of mediation equally.
c. Litigation. If a Dispute between you and Distiller cannot be resolved informally or through mediation, litigation may be commenced either in the district court of King County, Washington, for state court cases, or in the United States District Court for the Western District of Washington for federal court cases. Each party hereby consents to venue and personal jurisdiction in such courts with respect to such Dispute(s) and irrevocable waives any right that it may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
d. Jury Waiver. YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF TO EITHER PARTY. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC.
e. Time Limitation. Any Dispute(s) must be filed within two (2) years after the cause of action arose and the Parties waive any statute of limitations to the contrary. These Terms will be governed by the laws of Washington without giving effect to applicable conflict of law provisions. The substantially prevailing party in any Dispute litigation shall be entitled to recover reasonable attorney's fees and costs, including expert costs.
f. Injunctive Relief. Your breach of these Terms is likely to cause immediate and irreparable harm to Distiller. As such, Distiller may seek injunctive relief against you without the need to post an injunction bond.
g. Apple Users. If you download and access any mobile application available in the Services to an Apple device, you will submit all claims, including claims related to intellectual property infringement to Distiller and not to Apple.
16. Termination. If you fail to comply with these Terms, we will be forced to cancel your Account. On the other hand, if you want to cancel your Account send us an email at the address below and let us know to cancel your Account.
17. General. We love the Emerald City, so the venue and jurisdiction are exclusively with Seattle, Washington courts. Washington State law will control the Terms, without regard to conflicts of law provisions. If you breach these Terms, you may cause us immediate and irreparable harm and we may pursue injunctive relief without having to post a bond. You and Distiller are independent parties and nothing else - not employee and employer, or principal and agent. If any provision of the Terms is held unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances. The licenses we grant to you are for you and you alone. You may not transfer or assign these Terms or licenses without Distiller's express written consent. The section headings in the Terms are for reference purposes only and do not in any way affect the meaning or interpretation of the Terms. The failure of either you or us to enforce any right or provision in the Terms will not constitute a waiver of such right or provision. The Terms and the Privacy Policy are the complete and final agreement between us regarding your use of the Service.
18. Our Contact Information.
If you have questions regarding the Terms, please contact us at:
Distiller, Inc.
Attn: Terms of Use 92 Lenora Street, Unit 102
Seattle, WA 98121
206.659.4759
[email protected]
E-mail: [email protected]
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