Persons Under Legal Drinking Age Are Not Allowed
PVTC maintains this Site for the use of individuals who are of legal age to consume alcoholic beverages under applicable law, and you must be of legal drinking age where you reside to access the Site or provide information to us. We do not solicit or knowingly collect personal information from persons under such legal drinking age, and we do not knowingly market our products or services to persons under such legal drinking age.
Information Voluntarily Provided by You
We may collect information that our visitors volunteer to us, including but not limited to name, date of birth, address, city, state, zip code, telephone numbers, cell phone numbers, gender, household income ranges, consumption habits, product usage, attitudes and preferences regarding our products and other personal information (collectively, “Personal Information”). Any Personal Information you send us will be used for the purpose indicated on the Site or as stated in this policy.
Use of Personal Information
This Personal Information will be held by PVTC and may be used by PVTC and its affiliated companies and their agents, partners, or licensees. We will not sell, exchange or otherwise distribute your Personal Information to unaffiliated third parties without your consent, except to the extent required by law, or as set out below:
Agents and Service Providers.
We sometimes contract with other companies and individuals to perform functions or services on our behalf. They may have access to Personal Information needed to perform their functions, but are restricted from using the Personal Information for purposes other than providing services for us.
In the event that our business is transferred to or merged with another company or entity, your Personal Information may be transferred to another company or entity that is part of the business transfer or merger.
The Personal Information we receive will be used in our marketing, promotion and advertising of the Brand. As a result of providing us with your contact information, we may contact you by sending you mailings or other communications (electronic or otherwise) regarding the Brand’s products, services, promotions, or upcoming events that we believe may be of interest to you. We may also ask you (or have a service provider ask on your behalf) to participate in a survey seeking information or opinions related to our category of products.
In the course of ensuring network security and consistent service for all users, we may employ software programs to do such things as monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage our computers or the network, and monitor and tune the performance of our networks. In the course of such monitoring, these programs may detect such information as e-mail headers, addresses from network packets, and other information. Information from these activities is used only for the purpose of maintaining the security and performance of our networks and computer systems.
Pixel Tags. We and our service providers may also use so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some Website pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about Website usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Website visitors and may be associated with Cookies on the visitors’ hard drives. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened. Some GIF files on this Site are provided by one of our ad management partners, DoubleClick. These files enable DoubleClick to recognize a unique cookie on your web browser, which in turn enables us to learn which advertisements bring users to our Site. The cookie was placed by us, or by another advertiser who works with DoubleClick. With both cookies and Spotlight technology, the information that we collect and share is anonymous and not personally identifiable. This particular information does not contain your name, address, telephone number or email address.
At various places on this Site we may have special features or promotions such as a postcard or tell-a-friend feature. These communications are facilitated through our servers. We will use the information in accordance with your instructions. The recipient will be informed that you sent the communication through the Site. We may have other promotions or sweepstakes on our Site. When you enter a promotion or sweepstakes, we will ask for Personal Information about you. We will use this information for the purposes of administering the promotion or sweepstakes. We will also use and store this information for the purposes set forth under “Use of Personal Information” above unless you instruct us otherwise either through mechanisms provided with the entry form or by contacting us. Any additional uses for this information will be set forth in the Official Rules of the promotion.
Your Information and Opting-Out
If you do not want to receive further communications from the Brand, please follow the opt-out instructions in the e-mail you receive from us. Please specify the means of communication from which you would like to opt-out. Otherwise, you may not get communications you would otherwise expect to receive from us.
Information Storage and Security
This Site and all information that you submit through this Site is collected, stored, and processed in the United States. We use reasonable physical, electronic, and administrative safeguards to protect your Personal Information from unauthorized or inappropriate access. However, regardless of the effectiveness of our security measures, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We ask that you do your part by, at a minimum, keeping any computer passwords you use to access the Internet or this Site strictly confidential.
LAST UPDATED: April 29, 2013
Pura Vida’s Terms and Conditions of Use
1. Access Authorization
PVTC maintains this Site for the personal use of individuals who are of legal age to consume alcoholic beverages pursuant to the laws of the country or territory where they reside. Please exit this Site immediately if you do not accept these terms and conditions of use, are not of a legal age for consuming alcoholic beverages in the country or territory in which you reside, or are in a country or territory where the access to this Site is not permitted. PVTC reserves the right to restrict or terminate your access to this Site or any feature thereof if you violate these terms and conditions of use, or if you use the Site in order to make or assist in making any criminal or unlawful statements or actions or announce or participate in any criminal or unlawful actions.
2. Use of Information/Materials
You may print or have printed by a third party any downloadable information or materials offered on this Site provided that all of the following five conditions are met:
You use the materials or information solely for private purposes and not for direct or indirect commercial purposes;
Your use of the materials is for lawful purposes;
No copyright or other notice regarding the rights or property of third parties is removed from the materials / information;
You reside in a country or territory where the consumption of alcoholic beverages is permitted; and
You are of a legal age to consume alcoholic beverages pursuant to the laws of the country or territory in which you reside.
3. Copyrights, Trademarks and other Intellectual Property Rights
The content of this Site, including without limitation any trademarks, designs, logos, text, images, audio and video materials thereon, is the intellectual property of PVTC or its subsidiaries or affiliates (“PVTC’s Proprietary Material”) unless otherwise stipulated in writing. PVTC’s Proprietary Material is protected under the laws of the United States and other nations around the world, and under international treaties – in particular under copyright and trademark laws. You are not permitted to remove any copyright or other proprietary notice from PVTC’s Proprietary Material. You are also not permitted to publish, distribute, transmit online or offline or otherwise use PVTC’s Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of PVTC.
4. No License
Except for the limited license to download and print certain material / information from this Site for non-commercial and private purposes only, you have no right to use PVTC’s Proprietary Material. All rights with respect to PVTC’s Proprietary Material remain the exclusive property of Pura Vida Tequila Company, LLC.
5. Disclaimer of Warranties / Exclusion of Liability
A. Your use of this Site is at your own risk. THIS SITE IS PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY REQUIRED BY LAW, PVTC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM THIS SITE. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. PVTC AND/OR ITS RESPECTIVE AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) OR SERVICE(S) OFFERED AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. PVTC HAS NO DUTY TO UPDATE THIS SITE OR THE CONTENT HEREOF AND PVTC SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION.TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, PVTC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT OR TITLE, AND IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY. FURTHER, PVTC DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF COMPUTER VIRUSES.
B. YOU AGREE THAT PVTC AND ITS SUBSIDIARIES AND AFFILIATES AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF PVTC WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOUR INABILITY TO ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. PVTC CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.
C. You are aware that technical downtimes and malfunctions of this Site may occur and that this Site may be unavailable from time to time for technical reasons.
D. To the extent hyperlinks to other web sites exist on this Site, PVTC does not assume any liability as to their content and functioning reliability. Links to other web sites are merely provided by PVTC as a convenience.
You hereby agree to indemnify and hold PVTC and its subsidiaries and affiliates harmless from and against any claims for damages or other claims asserted against PVTC or its subsidiaries or affiliates, including without limitation all indirect liability claims, consequential damages, losses, liabilities, costs and expenses (including without limitation reasonable legal fees) arising from your use – in any form whatsoever – of this Site, from information you transmit to this Site, from your violation of any rights of third parties, or from your breach of these terms and conditions of use.
7. Communications with this Site
A. Do not transmit to or via this Site any pornographic, obscene, offensive, defamatory or otherwise unlawful content.
B. Any other communication you transmit to this Site, whether by e-mail, mail, uploading or in any other form, will be treated as non-confidential and non-proprietary. This communication can be deleted by PVTC at any time. By sending content/information (including without limitation photographs) to this Site, you grant PVTC a royalty-free and irrevocable and exclusive license, unlimited in time, territory and content, to use such content and information. The license to PVTC includes in particular:
(i) the right of use in business activities on image and data carriers as well as in printed works of its own or of third parties;
(ii) the right to use and exploit your communications in digital online and offline media (such as internet, social media outlets, CD-ROM, CDi, CDe, DVD);
(iii) the right to use your communications in analogue and/or digital electronic databases, data networks and telephone services or similar multimedia services;
(iv) the right, where necessary, to modify your communications;
(v) the right to grant sublicenses to third parties.
(vi) The right to use your name and area where you reside.
C. In addition, you declare that the persons shown on any materials sent in by you, have consented to the publication of their pictures in the specific context it was sent to PVTC and in context with alcohol beverages in the advertisement sector.
D. In the event of a failure to adhere to the guarantees mentioned in this Section, the user shall hold PVTC harmless from and against any claims asserted by third parties, including without limitation attorney’s fees, on first demand. This does not prevent PVTC from claiming any further-reaching damages suffered by it.
9. Further Terms and Conditions of Use
Other areas of this Site may contain further terms and conditions of use, which will govern your use of the Site together with the present terms and conditions of use.
10. Governing Law / Place of Jurisdiction
This Site is controlled and operated by PVTC from its offices within the United States of America. Any claim relating to this Site shall be governed by the internal substantive laws of the United States and the State of Texas. You and PVTC agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these terms and conditions must be filed within one (1) year after such claim or cause of action arose. Your conduct may be subject to other laws. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
11. Final Provisions
A. PVTC makes no claims that the content of this Site may be downloaded outside of the United States. If you access this Site from outside the United States, you do so at your own risk. In such case, you are responsible for compliance with the laws of the country or territory in which you are located in relation to such access. References to a particular product or service do not imply that PVTC intends to make such products or services available in all countries.
B. Should any provision of these terms and conditions of use be invalid or should there be a gap in these terms and conditions of use, this shall not affect the validity of the remaining provisions.
C. PVTC shall only be legally bound by written agreements. Any oral arrangements between the parties shall not be legally binding, unless confirmed by PVTC in writing.
D. PVTC reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address or for particular registered users to this Site.