1. USE OF THIS SITE
1.1
Your access to and use of this site is subject to all applicable laws
and regulations which apply to this site, to the Internet and/or to the
World Wide Web, as well as these terms and conditions. Your accessing
of this site and/or your use of this site constitutes acceptance of
these terms and conditions without reservation, limitation or
qualification.
1.2
You may not use this site if any of the following conditions apply to you:
(a) You are not of legal drinking age in the jurisdiction from which you are accessing this site ("Your Jurisdiction");
(b) It is otherwise illegal in Your Jurisdiction for you to access, view and/or use this site; or
(c) The consumption, use, advertising or promotion of alcohol and/or alcoholic beverages is illegal in Your Jurisdiction. If any of these conditions apply to you, please leave this site immediately. If you do not leave this site, then you will be deemed for all purposes to have represented that none of these conditions apply to you.
1.3
This site is maintained exclusively for the personal use and
entertainment of persons resident in jurisdictions where the
consumption and use of alcohol is permitted and who are of legal age
for the consumption of alcohol in those jurisdictions.
1.4
The information posted by the site operator on this site is believed to
be accurate when posted, but is not warranted or represented in any way
to be so. Any use or reliance on such information is at your own risk.
Your access and/or use of this site is strictly on an "as is" basis,
and you must not assume that this site will be error free or that it
will operate without interruption or as intended.
1.5
mike's reserves the right to alter, update, add to and/or revise these
terms and conditions at any time and from time to time. Any such alteration,
update, addition or revision will be effective immediately upon its posting to this site.
2. TRADEMARKS AND COPYRIGHT
2.1
® is a registered trademark of mike's hard lemonade co. and TM is a trademark
of mike's hard lemonade co. © 2006 mike's hard lemonade co. All references
in this site to "mike's" (other than references to the trademark MIKE'S™
itself) are references to the owner and/or licensee(s) of such trademarks in
Your Jurisdiction, and all rights in respect of all of such trademarks are reserved.
2.2
Everything you see or read on this site is copyrighted unless otherwise
noted, and nothing from this site may be used by you except as provided
in these terms and conditions or in the text on the site without the
written permission of mike's. mike's neither warrants nor represents
that your use of materials displayed on or downloaded from this site
will not infringe rights of third parties not owned by or affiliated
with mike's.
2.3
Nothing contained on this site should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any
trademark, logo, service mark or design displayed on this site without
the written permission of mike's or any third party that may own any
such item displayed on the site. Your use of any of the trademarks,
logos, service marks, designs and other intellectual property displayed
on this site and any other content on this site is strictly prohibited
except only and to the limited extent expressly permitted in these
terms and conditions. mike's will aggressively enforce its intellectual
property rights to the fullest extent of the law, should you breach any
of these terms and conditions.
3. SUBMISSIONS
3.1
Any communication or material you transmit to mike's or through this
site by electronic mail or otherwise, including any data, questions,
comments, suggestions or the like (all of which are collectively called
"Submissions"), is and will be treated as non-confidential and
non-proprietary. Any Submissions you transmit or post become the
property of mike's and its affiliates and may be used and exploited for
any purpose including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast, posting and other exploitation in
any way, whether for commercial gain or otherwise and with or without
your name associated with the material, at mike's election. mike's is
free to use any ideas, concepts, know-how, or techniques contained in
any Submission for any purpose whatsoever including, but not limited
to, developing, manufacturing and marketing products using such
information. In that regard, by transmitting any Submission to mikes,
you will be deemed for all purposes to have assigned and transferred to
mike's all copyright, trademark and other intellectual property rights
in and to the Submission and to have irrevocably waived and released
all moral and/or personality rights in and to the Submission, and you
acknowledge and agree that your clicking of the "Button confirming your
agreement to these terms and conditions" that is required to send a
Submission will be deemed for all purposes to be your electronic
signature to these terms and conditions. mike's is free to use any
ideas, concepts, know-how, or techniques contained in any Submission
for any purpose whatsoever.
3.2
Without limiting the generality of section 3.1 above, you agree to sign
and deliver to mike's on demand all further documents and assurances
that mike's may request in connection with the assignments, transfers,
releases and waivers contemplated by that section.
3.3
mike's is not responsible for any Submissions which may be posted in
any forum or news group accessible or operated through or by this site,
and mike's will have the right (but not the obligation) to remove from
any such forum or news group anything which it sees fit to remove for
any reason. You must not submit or otherwise publish through this site
or through these forums or news groups anything which: (a) defames,
libels or invades the privacy of any person; (b) is obscene,
pornographic, abusive or threatening; (c) infringes on any intellectual
property or other rights of any person or entity, including without
limitation copyrights and trademarks; (d) violates any law; (e)
advocates or describes any illegal activity; or (f) advertises or
solicits funds for goods or services.
4. LIMITATION OF LIABILITY AND INDEMNITY
4.1
Your use of and browsing in this site are undertaken at your own risk.
Neither mike's, any of its directors, officers, employees, or agencies,
nor any other party involved in the creation, production, delivery or
operation of this site is liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of your access
to or use of this site or any consequences flowing therefrom,
including, without limitation, computer viruses which may infect or
other damages which may occur to your computer equipment or other
property as a result of your access, use of or browsing in this site or
your downloading of any materials, data, text, images, video or audio
from this site.
4.2
Without limiting the generality of section 4.1, everything on this site
is provided to you without any warranty or representation of any kind,
whether expressed or implied, including but not limited to implied
warranties of merchantability, fitness for a particular purpose,
non-infringement or any other warranties which may be implied according
to the laws of any jurisdiction, unless in Your Jurisdiction the
exclusion of some or all of such expressed or implied warranties is not
permitted or is restricted, in which case all such expressed or implied
warranties are excluded to the fullest extent permitted by law in Your
Jurisdiction.
4.3
You promise to indemnify and save mike's, and its officers, directors,
employees, agents and distributors, harmless from and against any and
all claims, demands, liabilities, costs and expenses whatsoever,
including without limitation reasonable legal fees and disbursements,
resulting directly or indirectly from: (a) your breach of any of your
agreements, representations or warranties set out in these terms and
conditions; (b) your access to or use of this site or any site to which
this site is or may be linked from time to time, or your use of,
reliance on, or publication, communication or distribution of anything
on or from this site or any site to which this site may be linked from
time to time; and/or (c) your violation of any law or regulation.
5. CONFIDENTIALITY AND PRIVACY ISSUES
5.1
Unless encrypted, information sent or received over the Internet is
insecure and mike's cannot and does not make any representation,
warranty or promise concerning the interception by third parties of
your personal or other information. mike's will not be responsible for
any damages you or any third party may suffer as a result of or in
connection with the transmission of any information from or to mike's
through this site.
5.2
Through your accessing or usage of this site, mike's is able to and may
in fact gather certain information about you and your web site usage. In
so doing, mike's will comply with the mike's Online Privacy Policy. You
may access the full text of the Privacy Policy by Clicking Here
6. LINKED SITES
6.1
If and to the extent that any other sites on the World Wide Web are
linked to this site at any time, mike's is not responsible for the
content of any such linked site or any link contained within such a
linked site. mike's reserves the right to terminate any link or linking
program at any time and the linking of any site to or through this site
does not imply any endorsement by mike's of the companies, products or
information offered, described or otherwise made available on or
through such linked sites. If you decide to access any site linked
through or to this site, you do so entirely at your own risk. mike's
reserves the right to alter, update, add to and/or revise these terms
and conditions at any time and from time to time. Any such alteration,
update, addition or revision will be effective immediately upon its
posting to this site.