KILOKAI.COM AND KILOKAIRUM.COM WEBSITE TERMS AND CONDITIONS
YOU MUST BE 21 YEARS OF AGE OR OLDER TO USE THIS SITE.
BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS INTENDED FOR VIEWING WITHIN THE UNITED STATES ONLY AND WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. INFORMATION CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING PRODUCTS AND SERVICES, APPLIES ONLY TO THOSE GOODS AND SERVICES PROVIDED OR OFFERED WITHIN THE UNITED STATES.
All pages within this Internet site ("Site") are the property of Apostrophe Brands LLC ("Apostrophe Brands "). No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of Apostrophe Brands. Kilo Kai Spiced Rum, the Kilo Kai Spiced Rum bottle design, KILOKAI.COM and KILOKAIRUM.COM and Apostrophe Brands are trademarks of Apostrophe Brands LLC. Other trademarks and service marks used in the Site are the trademarks and service marks of their respective third party owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark displayed on the Site without the written permission of Apostrophe Brands or other third party owners. You acknowledge that Apostrophe Brands will aggressively enforce its intellectual property rights to the fullest extent of the law.
THIS SITE, INCLUDING ANY CONTENT AND INFORMATION CONTAINED WITHIN IT AND ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. APOSTROPHE BRANDS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY WEB SITE THAT YOU MAY BE ABLE TO ACCESS THROUGH THIS SITE; YOU UNDERSTAND THAT APOSTROPHE BRANDS HAS NO CONTROL OVER THE CONTENT OF SUCH SITES. APOSTROPHE BRANDS DOES NOT ENDORSE THE LINKED SITES AND IS NOT RESPONSIBLE FOR ANY CONTENT THAT APPEARS ON LINKED SITES.
YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO AND/OR USE OF THE SITE MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE OR ANY OTHER SITE ACCESSIBLE THROUGH THIS SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. APOSTROPHE BRANDS , IT'S SITE DEVELOPERS, AND AGENTS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY THEORY OF LAW ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE OR LINKED TO OR FROM THE SITE.
The Site could include inaccuracies or errors and unauthorized additions, deletions and alterations could be made to the Site by unauthorized third parties. Although Apostrophe Brands attempts to ensure the integrity of the Site, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of information contained on the Site. In the event that you discover any inaccuracy, please inform Apostrophe Brands so that it can be corrected.
While using the Site you agree not to: Restrict or inhibit any other user from using and enjoying the Site and services; Post or transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information or materials, or any information or materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; Post or transmit any information or software that contains a virus, worm, trojan horse or other harmful or disruptive component; Post or transmit materials in violation of another party's copyright or other intellectual property rights (you acknowledge that the burden of determining whether any material posted or transmitted to the Site by you is protected by a third party's copyright rests solely with you); Use the Site for any commercial or unlawful purposes; or modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site. Apostrophe Brands has no obligation to monitor the Site. However, you acknowledge and agree that Apostrophe Brands has the right to monitor the Site, and to disclose to any third party any information in order to operate the Site properly, to protect itself and its customers, or to comply with legal obligations or governmental requests. Apostrophe Brands reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of these terms. Apostrophe Brands also reserves the right to immediately terminate any individual's use of and access to the Site in the event of any conduct by such user which Apostrophe Brands , in its sole discretion, considers to be unacceptable, or in the event of any breach by such user of this Agreement. Such termination may occur without notice to the user.
You agree to indemnify, defend and hold harmless Apostrophe Brands from and against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your violation of these Terms and Conditions, and/or (b) your activities in connection with the Site.
You acknowledge and agree that, by submitting any text, images, data, or other materials ("Content") to Apostrophe Brands , you grant to Apostrophe Brands a royalty-free, perpetual, irrevocable, non- exclusive, worldwide right and license to link to, use, reproduce, transmit, modify, adapt, publish, display, distribute, translate, and sublicense such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Further, by submitting Content to Apostrophe Brands, you acknowledge that you have the authority to grant such rights to Apostrophe Brands. The foregoing provisions regarding Content are for the benefit of Apostrophe Brands and its third party content providers and licensors, and each shall have the right to assert and enforce those provisions directly.
It is our policy to comply with the Digital Millennium Copyright Act by promptly responding to claims of copyright infringement. If your believe that an infringing copyrighted work is accessible on this Site, you may notify us by sending an email to email@example.com which includes the following information: (1) the (electronic) signature of the copyright owner or a person authorized to act on behalf of the copyright owner; (2) a statement that you the copyright owner or are authorized to act on behalf of the copyright owner; (3) a statement that you have a good faith belief that the material being complained of is not authorized by the copyright owner; (4) a description of the copyrighted work that you claim has been infringed, along with a description of where the allegedly infringing material is located on the site; (5) your address, daytime telephone number, and email address. Please put "Notice of Infringement" in the subject line. Apostrophe Brands shall have the right at any time to: (1) change the terms of this Agreement; (2) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted; or (3) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review this Agreement periodically to ensure familiarity with the most current version.
This Agreement is entered into in the State of Illinois and shall be governed by and construed in accordance with the laws of the State of Illinois, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the City of Chicago in the State of Illinois, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
© 2008 Apostrophe Brands LLC. All Rights Reserved.
Apostrophe Brands is serious about protecting your privacy. Under no circumstances do we give out any of your personal information to any third party unless you authorize us to do so. We will keep you informed, clearly and prominently, about what we do with your personal information, and we will advise you through notice on this page if we change our policy.
This site may request personally identifiable data from you ("Personal Information"), which may include your e-mail address, domain name or other personal information such as your address, telephone number, etc. In addition, our web server automatically recognizes and stores your e- mail address or your domain name when you log onto our site, the e-mail addresses of those who communicate with us via e-mail, and aggregate information about what pages on our site you visit or access. Personal Information is used by Apostrophe Brands to assist in serving you more effectively. Personal Information is also used by Apostrophe Brands to communicate with consumers for marketing purposes.
© 2008 Apostrophe Brands LLC. All Rights Reserved.