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Any use by you of the website operated by Meloncello Limited at
www.meloncello.com & www.liquor4sale.com (the "Site") is
conditional upon your acceptance of these Terms & Conditions,
including our Privacy Statement. We reserve the right to amend
these Terms & Conditions from time to time without notice and at
our discretion. It is your responsibility periodically to review
this page for updates to these Terms & Conditions, which shall
come into effect once posted. Your continued use of the Site
will be deemed acceptance of these Terms & Conditions, including
our Privacy Statement.
This Site is intended for use by you only if you are of legal
age to purchase alcohol in your country of residence and in the
country from which you are accessing the site. If you do not
fall within this category, you may be in breach of laws or
regulations applicable in your country of residence or in your
country of access and you should leave the Site immediately.
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS PLEASE LEAVE THE
SITE NOW.
This Site is made available by Meloncello Ltd and its
subsidiaries, affiliates, parent companies and any of their
related businesses are referred to in these Terms & Conditions
as "we", "us" or "our"
1. Rights
All rights in all material and content (including, but not
limited to, text, images, web pages, sound, software (including,
code, interface and website structure) and video, and the look
and feel, design and compilation thereof) at this Site are owned
by us or our licensors. You agree that you are permitted to use
this material and/or content only as set out in these Terms &
Conditions or as otherwise expressly authorised in writing by us
or our licensors, and that you may not otherwise copy,
reproduce, transmit, publicly perform, distribute, commercially
exploit, adapt, translate, modify, bundle, merge, share or make
available to any person, or create derivative works of such
material or content.
2. Intellectual Property Rights
We are the owner and/or authorised user of all trade marks,
service marks, design marks, patents, copyrights, database
rights and all other intellectual property appearing on or
contained within the Site, unless otherwise indicated. Except as
provided in these Terms & Conditions, use of the Site does not
grant you any right, title, interest or license to any such
intellectual property you may access on the Site. Except as
provided in these Terms & Conditions, any use or reproduction of
the intellectual property is prohibited.
3. Copying
You may view this Site and you are welcome to print hard copies
of material on it solely for your lawful, personal,
non-commercial use. All other copying, whether in electronic,
hard copy or other format, is prohibited and may breach
intellectual property laws and other laws world-wide.
Furthermore, you are not entitled to reproduce, transmit,
publicly perform, distribute, adapt, translate, modify, bundle,
merge, share or make available to any person, or create
derivative works of such material, or use it for commercial
purposes. All other rights are reserved.
4. Acceptable Usage Policy
This Site may contain discussion groups, bulletin boards, chat
rooms and other interactive services. We do not actively monitor
use of our discussion groups, bulletin boards or chat rooms.
Similarly, we do not exercise editorial control over the content
of any third party sites, electronic mail transmission, text
message, news group, bulletin board, chat room or other material
created or accessible over or through the Site. As a result, you
may be exposed to content on the Site or on sites accessible
over or through the Site that you find offensive or
objectionable. However, we do reserve the right to monitor our
discussion groups, bulletin boards, chat rooms and other
interactive portions of the Site and to remove any content
which, in our sole discretion, constitutes a misuse of these
interactive services and may restrict, suspend or terminate your
use of these services or the Site where we believe that there
has been such a misuse.
The following examples constitute a misuse of the interactive
services:
(a)using the services for any improper, unlawful or immoral
purpose, causing any nuisance by your use of the services or
causing the operation of the services to be jeopardised or
impaired;
(b)using the services to create, host or transmit (whether in a
live chat room, on a bulletin board or otherwise) any
defamatory, offensive, or obscene material or engaging in
activities which would cause offence to others on grounds of
race, religion, creed or sex;
(c)using the services to harm, or attempt to harm, minors in any
way;
(d) using the services to create, host or transmit any material
that threatens or encourages bodily harm or the destruction of
property or would constitute a criminal offence or give rise to
civil liability;
(e)using the services to create, host or transmit material which
infringes the copyright, trademark, patent, trade secret or
other intellectual property or proprietary rights of any other
party;
(f)using the services to create, host or transmit unsolicited
advertising material to other users;
(g)using the services to create, host or transmit any material
that harasses another; using the services to make fraudulent
offers to sell or buy products, items or services;
(h)adding, removing or modifying identifying network header
information in an effort to deceive or mislead;
(i)using the services to access, or to attempt to access, the
accounts of others or to penetrate, or attempt to penetrate, our
or a third party's security measures, computer software,
hardware, electronic communication system, or telecommunications
systems;
(j) using the services to collect, or attempt to collect,
personal information about third parties without their knowledge
or consent or to engage in screen scraping, database scraping or
any other activity with the purpose of obtaining lists of users
or other data;
(k)using the services for any activity which adversely affects
the ability of other people or systems to use the services or
the internet generally;
(l)reselling, repurposing or redistributing any services
provided by us our contractors or our licensees without our
prior written consent; or impersonating any person or entity or
using a false name that you are not authorised to use.
This list only serves to provide examples and is not meant to be
an exclusive list of the type of misuses of the interactive
services that may result in the restriction, suspension or
termination of your access to the Site. Due to the global nature
of the internet, users hereby agree to comply with all local
rules regarding on-line conduct and acceptable content. Users
also agree to comply with any applicable rules regarding the
export of any data from any country.
The opinions expressed in live chat rooms and/or posted on
bulletin boards or on other interactive services are not
necessarily ours. Any statements, advice and opinions made by
such participants are those of such participants only. We
neither endorse nor shall be held responsible for any such
statements, advice or opinions.
5. NO WARRANTIES
THIS SITE IS PROVIDED "AS IS," AND YOUR USE THEREOF IS AT YOUR
OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND
ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE
SITE WILL BE FREE FROM VIRUSES ALTHOUGH WE TAKE REASONABLE STEPS
TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A
COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR
TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS
OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY
IS TO DISCONTINUE USING THE SITE.
6. THIRD PARTY GOODS AND SERVICES
WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES AND OTHER
ORGANISATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR
DISPLAYED THROUGH OR ON THE SITE.
7. Your responsibility
You should always verify the information set out in this Site
with independent authorities before acting or relying on it. It
is your responsibility to use virus checking software on any
material downloaded from this Site and to ensure the
compatibility of such software with your equipment.
In circumstances where you provide us with information relating
to any third parties, you warrant that you have received that
third party's consent in relation to such disclosure and that
the third party has been informed of, and agrees to, our Privacy
Statement and the uses which we may make of such information.
8. NO LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL
LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT,
CONSEQUENTIAL ,OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR
USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH
THE SITE, OR OTHER SITES ACCESSED FROM THIS SITE, WHETHER SUCH
LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND
EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE
(WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS,
INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN
THE AGGREGATE, EUR100.00 (Euros).
9. Materials submitted by you
Unless specifically requested, we do not solicit nor do we wish
to receive any confidential, secret or proprietary information
or other material from you through the Site, any of its
services, by email, or in any other way. Any information or
material submitted by you, and which has not been specifically
requested by us, will be deemed not to be confidential, secret
or proprietary. You agree that any information or materials
submitted by you to this Site, whether ideas, creative concepts
or other materials, may be used, reproduced and disclosed by us
without restriction for whatever purpose we deem fit and without
payment of any sum or acknowledgement of you as their source.
You also warrant that any "moral rights" in posted materials
have been irrevocably waived by the appropriate authors. WE
SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU
AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE
EXTENT PERMITTED BY LAW. This paragraph does not affect any
rights you may have under data privacy laws that protect your
personal information or similar privacy laws, to the extent that
such rights cannot be excluded.
10. User Information
In the course of your use of the Site, you may be asked to
provide personal information to us (such information referred to
hereinafter as "User Information"). Our information collection
and use policies with respect to such User Information are set
forth in the Site Privacy Statement, which Privacy Statement is
incorporated into these Terms & Conditions by reference. You
acknowledge and agree that you are solely responsible for the
accuracy and content of the User Information.
11. Links from and to the Site
You acknowledge and agree that we have no responsibility for the
information provided by Web sites to which you may link from
this Site ("Linked Sites"). Links to Linked Sites do not
constitute an endorsement by or association with us of such
sites or the content, products, advertising or other materials
presented on such sites. We have no control over these Linked
Sites and do not edit or monitor them. You acknowledge and agree
that we are not responsible or liable, directly or indirectly,
for any damage, loss or cost caused or alleged to be caused by
or in connection with use of or reliance on any such content,
goods or services available on such Linked Sites.
12. Indemnity
You will indemnify us against any loss, damage or cost incurred
by us arising out of your use of the Site, any of its services
or any information accessible over or through the Site,
including information obtained from linked sites, your
submission or transmission of information or material on or
through the Site or your violation of these Terms & Conditions
or any other laws, regulations and rules. You will also
indemnify against any claims that information or material which
you have submitted to us is in violation of any law or in breach
of any third party rights (including, but not limited to, claims
in respect of defamation, invasion of privacy, breach of
confidence, infringement of copyright or infringement of any
other intellectual property right). We reserve the right to
exclusively defend and control any claims arising from the above
and any such indemnification matters and that you will fully
cooperate with us in any such defences.
13. Restriction, Suspension and Termination
We may restrict, suspend or terminate your access to the Site
and/or your ability to avail of any of the services on the Site,
including interactive services, if we believe that you have
breached these Terms & Conditions at any time. Any such
restriction, suspension or termination will be without prejudice
to any rights which we may have against you in respect of your
breach of these Terms & Conditions. We may also remove the Site
as a whole or any sections or features of the Site at any time.
Please note that we have the ability to trace your IP address
and if necessary contact your ISP in the event of a suspected
breach of these Terms & Conditions.
14. Entire Agreement
These Terms & Conditions, including our Privacy Statement,
constitutes the entire agreement between you and us in relation
to its subject matter and supersedes any and all prior promises,
representations, agreements, statements and understandings
whatsoever between us. To the extent that software is available
through the Site, such software may be subject to a license
agreement that is distributed or included with such software and
you agree to abide by the terms and conditions of any such
license agreements. The failure by us to exercise or enforce any
right or provision of the Terms & Conditions shall not
constitute a waiver of such right or provision. If any provision
of the Terms & Conditions is found by a court of competent
jurisdiction to be unenforceable or invalid, the parties
nevertheless agree that the court should endeavour to give
effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms & Conditions shall remain
in full force and effect.
15. Copyright And IP Agent for the United States
We respect the intellectual property rights of others, and
require that the people who use the Site do the same. If you
believe that your work has been copied in a way that constitutes
copyright infringement, please forward the following information
to us:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been
infringed;
A description of the alleged infringing activity and where the
alleged infringing material is located;
A statement by you that you have a good faith belief that the
disputed use is not authorised by you, the copyright owner, its
agent, or the law;
An electronic or physical signature of the person authorised to
act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are
the copyright owner or authorised to act on the copyright
owner's behalf.
16. Law and Jurisdiction
These Terms & Conditions, including the Privacy Statement and
any matter relating to this Site, shall be governed by English
law. To the extent that software is accessible through this
site, such software may be subject to export, re-export and/or
import controls imposed by the United States or any other
jurisdiction and may not be downloaded or otherwise exported or
re-exported: (a) into (or to a national or resident of ) any
country to which the U.S. has placed an embargo, including
without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria,
or Yugoslavia; (b) to anyone on the U.S. Treasury Department's
Specially Designated Nationals list, or (c) in violation of the
U.S. Commerce Department's Table of Denial Orders.
If you download or use the software, you represent and warrant
that you are not located in, or under the control of, or a
national or one any such country or on any such list.
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