Terms of Service

Distiller Website and App Terms of Use Distiller, LLC (“Distiller”, “We”, “Us”) Last updated: August 17, 2015
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. Communications. If you give us your contact information, you consent to receive communications from us. If you decide you don’t want communications from us, follow the opt-out procedures in our Privacy Policy.

5. Creating an Account. Portions of the Service require you to create an account with Distiller. You also may have the option to access the Service through a 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.

6. License to You. We want you to use the Service, so we grant you a limited license to access and use it as well as 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). These licenses do not include a right for you to: (a) Commercially exploit the Service; (b) Distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Service, any passwords or usernames or any copies of the Service, without our express prior written consent, except as allowed under these Terms; (c) Make a copy of the Service or any portion of the Service, except as allowed under these Terms; (d) Make a copy of the Service publicly available or available on a network for use or download by multiple users; (e) Use 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; (f) Use any meta-tags or any other "hidden text" using “Distiller,” our affiliates, partners or artists without our express written permission. (g) Use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (h) Except as otherwise specifically provided by the Service or these Terms, use or install the Service (or permit others to do same) on a network, for online use, or on more than one device at the same time; (i) Use or copy the Service from any location-based site; provided, that we may offer you a separate site license agreement to make the Service available for commercial use; (j) Reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Service, in whole or in part; (k) Remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Service, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (l) Misrepresent the source of ownership of the Service; (m) Transport, export or re-export (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; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Service.

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. In exchange for use of the Service, you grant Distiller an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions 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 contributions 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 for the Service, or certain features of the Service, to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service. If you do not maintain such accounts, then the Service or certain features of the Service may not work properly.

9. Hacking. If you use the Service, you will not do anything 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.

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