Terms & Conditions

Terms and Conditions for Use of App

Last Modified: November 2023

The Whiskey Social App provides an online platform for users to post and review information about Whiskey and Bourbon. These terms and conditions ("Terms and Conditions") set forth the terms and conditions that apply to the use by you of the Whiskey Social App, its website version and any existing or future related apps or websites of RND Holdings LLC or our Affiliates (RND and Affiliates (defined below), collectively, "RND", "we", "our" or "us"). "Affiliate" means an entity that controls, is controlled by or is under common control with a party, where "Control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. The Whiskey Social App and Website and any existing or future related apps and websites of RND shall be collectively referred to as "The App."

RND may change these Terms and Conditions from time to time, at RND's sole discretion, and any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the App. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these Terms and Conditions. The information and material on this App may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is restricted to users or unavailable at any time or for any period.

Our Privacy Policy ("Privacy Policy") describes our policies and procedures on the collection, use and disclosure of your personal information when you use the App and tells you about your privacy rights and how the law protects you. It can be found here: whiskeysocial.app. Please read our Privacy Policy carefully before using the App.

BY ACCESSING OR USING THE APP, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY YOU MUST NOT ACCESS OR USE THE APP. These Terms and Conditions apply to all visitors, users and others who access or use the APP.

By using this App, you represent and warrant that you are over the age of twenty-one (21) and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.

General Terms

The Whiskey Social App provides an online platform for users to post and review information about Whiskey and Bourbon. This App is not a means by which users can sell, market, or buy alcohol or alcoholic beverages commercially or for their own personal profit or consumption. Any use of the App to buy, sell, advertise or interact for such purposes is strictly prohibited.

Use of the App is restricted to your personal use. You shall not use this App for any other purpose. Accessing the App for the purposes of reproduction, duplication, modification, redistribution or broadcast of any Content or information is strictly prohibited, except with express prior written consent of RND.

These Terms and Conditions shall continue as an agreement between you and RND until terminated by RND. The restrictions we have imposed upon you regarding copying or downloading information, and any disclaimers, limitations or liabilities expressed in these Terms and Conditions shall survive the termination of this agreement.

These Terms and Conditions stated herein and our Privacy Policy shall constitute the entire agreement between you and RND and its Affiliates relating to your use of the App, and supersede all prior or concurrent communications and proposals, in any form, between you and RND or any of its Affiliates. No other terms or conditions apply.

Accounts and Security

The App requires you to make a User Account ("Account"). When you create an Account, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of your Account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Users are required to ensure that all persons who access the App through a user's internet connection are aware of these Terms and Conditions and comply with them.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that should you be provided with an Account, your Account is personal to you and you agree not to provide any other person with access to this App or portions of it using your Account or other security information. You agree to notify us immediately of any unauthorized access to or use of your Account information or any other breach of security.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our App. Any transmission of personal information is at your own risk.

We are not responsible for circumvention of any privacy settings or security measures contained on the App. You are prohibited from attempting to circumvent and from violating the security of this App, including, without limitation:

Accessing content and data that is not intended for you.
Attempting to breach or breaching the security and/or authentication measures which are not authorized.
Restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header.
Disrupting network services and otherwise disrupting the App owner's ability to monitor the App.
Using any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attacking the App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing.
Otherwise attempting to interfere with the proper working of the App.

Content

The App allows you to post Content. Your provision of Account information and any submissions you make to the App through any functionality such as applications, e-mail, message boards, private messaging, and other such functions (collectively, the "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with these Terms and Conditions and our Privacy Policy. You are responsible for the Content that you post to the App including its legality, reliability, and appropriateness.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms and Conditions, and (ii) the posting of your Content on or through the App does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

By posting Content to the App, you grant RND the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the App. You retain any and all of your rights to any Content you submit, post or display on or through the App and you are responsible for protecting those rights. You agree that this license includes the right for RND to make your Content available to other users of the App, who may also use your Content subject to these Terms and Conditions.

Content Restrictions

RND is not responsible for the content of the App's users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your Account, whether done so by you or any third person using your Account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. This restriction includes any Content transmitted through any private messaging service of the App. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including RND and its employees or representatives.
Violating the privacy of any third person.
False information and features.

RND reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms and Conditions, refuse or remove this Content. RND further reserves the right to make formatting and edits and change the manner of any Content. RND can also limit or revoke the use of the App if you post such objectionable Content. As RND cannot control all content posted by users and/or third parties on the App, you agree to use the App at your own risk. You understand that by using the App you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will RND be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Termination

RND reserves the right at any time, without prior notice or liability, to disable or terminate your Account, any username, password, or other identifier, whether chosen by you or provided by us, in RND's sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions. Upon termination, your right to use the App will cease immediately. If you wish to terminate your Account, you may cancel your subscription, subject to the terms of the "Purchases and Payment" section, below. In the event of termination, there will be no refunds of subscription fees.

Purchases and Payment

RND reserves the right to charge a subscription fee to users to maintain an Account. We accept the following forms of payment: Visa, MasterCard, American Express, Discover, Paypal, and Venmo. You agree to provide current, complete and accurate purchase and account information for all subscriptions and purchases made via the App. You further agree to promptly update Account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchase as required by us. We may change prices at any time. All payments shall be in US Dollars.

You agree to pay all required subscription fees and all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your subscription or order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring prior approval for each charge, until such time as you cancel the applicable subscription or order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any subscription or order placed through the App. We may, in our sole discretion, limit or cancel subscriptions and qualities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

In the event of Account termination or cancellation, RND will not issue a refund for any subscription fees.

Privacy

By using this App you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the option to accept it. You may also set your browser to turn off cookies altogether. If you do turn off cookies altogether, some areas of the App may not be accessible or function adequately. More information on how we use cookies can be found in our Privacy Policy.

By using this App you are consenting to our collection and use of real-time information about your device's location. If you block, disable or otherwise disallow the use of location or tracking technologies on your device, the App may be inaccessible or certain functions may become unavailable.

By using the App you are consenting to our collection and use of payment, billing and credit card information that you may provide to us for the purposes of completing a transaction, through the App. By using this App you also consent to us sharing such payment, billing and credit card information to our third-party payment processing service providers that we use in connection with the App for purposes of completing transactions.

Intellectual Property

RND owns (or has the right to use) all content on this App and all intellectual property rights therein, and all such content is protected under copyright law. Any use of the content on this App in whole or in part, including but not limited to adapting, displaying, distributing, publishing, storing in a retrieval system, transmitting, converting, copying or issuing copies, lending or reproducing the content in any other form or by any other means whatsoever, whether electronic or otherwise, and including making the same available to or via the internet or wireless technology or authorizing any of the foregoing without the prior written consent of RND, is strictly prohibited.

You agree that if you upload any content to our App, including text, commentary, images, photos, videos, music and/or recordings, user feedback and including any Content uploaded through Interactive Functions, you are deemed to have granted to RND and its Affiliates a non-exclusive, royalty-free, worldwide, unrestricted, irrevocable and unlimited right and permission, but not the obligation, to utilize, distribute, publish, exhibit, digitize, broadcast, display, reproduce, prepare derivative works of, and otherwise exploit such uploaded content in any and all manner and media throughout the world and in perpetuity in connection with the promotion, contest or event to which such upload relates (and you agree to provide such releases and waivers as are associated with such promotion, contest or event), and any other uses deemed by RND in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives. You understand that any such media may be edited in the sole discretion of RND.

RND and its Affiliates' trademarks and design marks (collectively, the "RND Marks"), are trademarks or registered trademarks of RND and/or its Affiliates, and the property thereof. All other product, brand and company names and logos used, displayed or referenced on this App may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks, including the RND Marks, appearing on this App without the express written consent of the owner of the trademark is strictly prohibited. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the App infringes a copyright or other intellectual property infringement of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the App, you must submit your notice in writing to the attention of our copyright agent via email (RLawson@dicksinson-wright.com) and include in your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the App where the material that you claim is infringing is located.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
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 authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email (RLawson@dickinson-wright.com). Upon receipt of a notification, RND will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the App.

Indemnity

By using the App, you agree to defend, indemnify and hold RND (including its officers, directors, agents, Affiliates, employees, representatives and third party service providers) harmless from any and all claims, demands, losses, liabilities and damages (actual and consequential) of any kind or nature, known and unknown, including reasonable legal fees (collectively, "Claims"), arising out of or in connection with your use of the App, including but not limited to any violation by you of the Terms and Conditions, any law or the rights of any third party, to the maximum extent permitted by applicable law.

Links to Third-Party Apps and Websites

For your convenience, the App may contain links to third-party apps, websites or services that are not owned or controlled by RND. RND has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party apps, websites or services. You further acknowledge and agree that RND shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such apps, websites or services. Our Privacy Policy and Terms and Conditions do not apply to those third-party apps, websites, or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party apps, websites or services that you visit. RND is not responsible for and expressly disclaims any responsibility or liability associated with your use of any such other websites.

In addition, our App may include content that is streamed by our App but hosted or made available by third parties. RND is not responsible for, and expressly disclaims any responsibility or liability associated with, your use of any such content. If you choose to view such streamed content, you should review the policies that govern such content.

Governing Law

This App is controlled and operated by RND from Lafayette, Louisiana. You agree that this Agreement is governed by the laws of the State of Louisiana without giving effect to any principles of conflict of law and notwithstanding your domicile, residence, or physical location. You agree that any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this App, any use of this App and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this clause shall be brought exclusively in a court of competent jurisdiction in Lafayette, Louisiana. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

We have made all reasonable attempts to comply with all legal requirements known to us in creating and maintaining the App, but make no representation that any materials or content on the App are necessarily acceptable, appropriate or available in any jurisdiction. If you choose to access the App from any location other than the United States of America you do so of your own volition and you are solely responsible for complying with any applicable local laws. If any part of these Terms and Conditions are invalid or unenforceable for any reason whatsoever under applicable law, the invalid or unenforceable provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Injunctive Relief

RND and its Affiliates shall have the right to seek and obtain any injunctive or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information, in addition to any other legal or equitable remedies that may be available.

Disclaimer

THE INFORMATION ON THIS APP IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. RND SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE CONTENT OF THE APP (INCLUDING ANY INFORMATION, IMAGES, PHOTOS, VIDEO, MATERIAL OR DOWNLOADABLE CONTENT ACCESSED FROM OR THROUGH THE APP) WILL BE ACCURATE, UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, THAT VIRUSES OR ERRORS WILL BE CORRECTED, OR THAT THE APP OR SERVER UPON WHICH IT RESIDES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF THE APP IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL RND OR ITS AFFILIATES AND ANY FUTURE AFFILIATED OR RELATED COMPANIES AND BRANDS OF RND, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE APP, THE MATERIALS OR CONTENT ON THE APP, A DELAY OR INABILITY TO USE THE APP OR OTHERWISE ARISING IN CONNECTION WITH THE APP, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

App Contact Email: adam@whiskeysocial.app