A COPY OF THESE TERMS AND CONDITIONS OF USE MAY BE DOWNLOADED, STORED OR PRINTED.
RESTRICTIONS ON USE OF MATERIALS
The Company name, the terms “Long Island Iced Tea” and “The Original Long Island Brand”, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this web site are the trademarks of their respective owners.
In the event you download software from the Longislandicedtea.com web site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed on a nonexclusive, nontransferable basis to you by Long Island Iced Tea. Long Island Iced Tea does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Long Island Iced Tea retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Long Island Iced Tea always welcomes suggestions and comments regarding Long Island Iced Tea’s online activities from the users of our web site. Any comments or suggestions submitted to Long Island Iced Tea, either online or offline, will become Long Island Iced Tea's property upon its submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Long Island Iced Tea's professional staff might seem to others to be similar to their own creative work. If at our request you send certain specific submissions (e.g., postings to chat rooms, bulletin or message boards, story lines for interactive stories, postings to our Gallery or games/drawings/contests) or, if you send us any unsolicited creative ideas, suggestions, photographs, notes, drawings, concepts or any other information or materials (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Long Island Iced Tea. None of the Submissions shall be subject to any obligation of confidence on the part of Long Island Iced Tea, and Long Island Iced Tea shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Long Island Iced Tea shall exclusively own all now known or hereafter existing rights in and to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, bulletin board, or e-mail function offered as part of the Longislandicedtea.com web site. You shall not upload to, distribute through, or otherwise publish through the Longislandicedtea.com web site any content that is libelous, defamatory, obscene, pornographic, threatening, racist, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. If you do, we reserve the right to remove the postings that defame or insult anyone as well as notes that are abusive or hateful, although we have no duty to do so. In addition, we also reserve the right to remove notes that we deem, in our sole discretion, to be inappropriate, off the subject or not in English. You may not suggest or encourage illegal activity while visiting the Longislandicedtea.com web site. Spamming is not permitted. Moreover, any postings that might be construed as stalking will be deleted and made available to the proper law enforcement officials. However, we cannot review all material before it is posted on the web site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Longislandicedtea.com web site users to join or become members of any commercial online service or other organization is expressly prohibited.
You represent to us that you own, or have the right to submit to us in accordance with this Agreement, all material that you post on our Forums. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) Long Island Iced Tea a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called moral rights in those materials have been waived.
When you access our web site and participate in our interactive applications, you participate at your own risk. You take responsibility for postings made under your user name. We take no responsibility for the content or opinions posted on our web site by users accessing our web site.
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the web site, or which, as determined by us, may harm the Company or users of the web site or expose them to liability.
Additionally, you agree not to:
• Use the web site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the web site, including their ability to engage in real time activities through the web site.
• Use any robot, spider or other automatic device, process or means to access the web site for any purpose, including monitoring or copying any of the material on the web site.
• Use any manual process to monitor or copy any of the material on the web site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the web site.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web site, the server on which the web site is stored, or any server, computer or database connected to the web site.
• Attack the web site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the web site.
All applicable federal, state and local laws govern user access to this web site. This web site is controlled and operated by Long Island Iced Tea from its offices within the State of Washington, United States of America. Long Island Iced Tea makes no representation that materials on the web site are appropriate or available for use in other locations. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All information available on the web site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from any and all Long Island Iced Tea web site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Long Island Iced Tea if in Long Island Iced Tea's sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this web site and any and all other Long Island Iced Tea web site(s) and all copies thereof, whether made under this Agreement or otherwise.
You agree that Long Island Iced Tea, in its sole discretion, may terminate your registration to the web site (or any part thereof) or use of the web site or any portion of the web site, and remove and discard any Submissions, for any reason, without limitation, including if Long Island Iced Tea believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement, including the Privacy Statement (www.longislandicedtea.com/privacy-policy). Long Island Iced Tea may also in its sole discretion and at any time discontinue providing access to the web site, or any part thereof, with or without notice. You agree that any termination of your access to the web site under any provision of this User Agreement may be effected without prior notice, and acknowledge and agree that Long Island Iced Tea may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the web site. Further, you agree that Long Island Iced Tea shall not be liable to you or any third-party for any termination of your access to the web site.
ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH THIS WEB SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LONG ISLAND ICED TEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LONG ISLAND ICED TEA DOES NOT WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LONG ISLAND ICED TEA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS WEB SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LONG ISLAND ICED TEA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
RELIANCE ON INFORMATION POSTED
The information presented on or through the web site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the web site, or by anyone who may be informed of any of its contents.
This web site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Long Island Iced Tea explicitly disclaims any responsibility for the accuracy, content, or availability of information found on web sites that link to or from the Longislandicedtea.com web site. Long Island Iced Tea encourages discretion when browsing the Internet using our or anyone else's service. Because some web sites employ automated search results or otherwise link you to web sites containing information that may be deemed inappropriate or offensive, Long Island Iced Tea cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party web sites, and you hereby irrevocably waive any claim against us with respect to such web sites. This Privacy Statement applies solely to information collected on the www.longislandicedtea.com web site.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LONG ISLAND ICED TEA OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LONG ISLAND ICED TEA OR A LONG ISLAND ICED TEA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY MATERIALS IN THIS WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LONG ISLAND ICED TEA TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY LONG ISLAND ICED TEA PRODUCT.
Long Island Iced Tea makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
WAIVER AND SEVERABILITY