Terms of Service

Distiller Website and App Terms of Use Distiller, Inc. (“Distiller”, “We”, “Us”) Last updated: February 15, 2018 These Terms of Use (the “Terms”) govern your use of the Distiller website and 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.

2. IDs at the Door. The Service is all about finding 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 and Service. 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. We may also link to other 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. Third-parties will probably 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 use your real name and keep your contact information up to date so we can share cool information with you. You are responsible for maintaining the confidentiality of your user name 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 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.

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 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. 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.

7. License to Distiller. The Service may allow you to create content and data, including, but not limited to, photos, screenshots, product reviews 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 grant to Distiller, and the above waiver of any applicable moral rights, survives any termination of this license.

8. Stay Connected. In order 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.

9. Ownership. 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”). 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 Services, please check out our Privacy Policy, which can be found HERE.

11. NO WARRANTIES AND LIMITATION OF LIABILITY.

(a) 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, HARDWARE, SOFTWARE, SYSTEMS OR DATA.

(b) 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. FURTHER, 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.

(c) 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. 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.

12. 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.

13. Termination. We hope it never comes to this, but 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.

14. 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 will cause us immediate and irreparable harm. 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.

15. Our Contact Information. If you have questions regarding the Terms, please contact us at:

Distiller, Inc. Attn: Terms of Use E-mail: [email protected] You’ve reached the end, now go have fun!