Terms of Service
This document sets forth the comprehensive terms and conditions governing your access to and utilization of the website brewkiosk.com (hereinafter referred to as the "Website"). By accessing, browsing, or otherwise using the Website, you ("User" or "you") hereby signify your unequivocal agreement to be bound by these Terms of Service ("Terms"). Should you dissent from any provision contained herein, you are expressly prohibited from using the Website. Brew Kiosk reserves the right, at its sole discretion, to modify or replace these Terms at any time without prior notice.
1. Acceptance of Terms Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Website. By accessing or using the Website, you confirm your acceptance of these Terms and agree to be legally bound by them.
2. Definitions
- "Brew Kiosk" refers to the entity operating brewkiosk.com.
- "Website" refers to the internet domain brewkiosk.com and all associated web pages, content, and services.
- "User" or "you" refers to any individual or entity accessing or utilizing the Website.
- "Content" refers to all text, images, audio, video, software, data, and other materials available on or through the Website.
3. Permitted and Prohibited Uses 3.1. Permitted Use: Brew Kiosk grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms for your personal, non-commercial purposes. 3.2. Prohibited Activities: The User covenants not to engage in any of the following activities:
- Any unlawful activity or any activity that violates any local, state, national, or international law or regulation.
- Impersonating any person or entity, or misrepresenting your affiliation with any person or entity.
- Interfering with or disrupting the integrity or performance of the Website or its associated servers or networks.
- Attempting to gain unauthorized access to any part of the Website, other user accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other illegitimate means.
- Uploading, posting, or transmitting any Content that contains viruses, Trojan horses, worms, time bombs, or other harmful or malicious computer programming routines.
- Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website for any commercial purposes without the express written consent of Brew Kiosk.
- Collecting or storing personal data about other users without their express consent.
4. Intellectual Property Rights 4.1. Ownership: All intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets, in the Website and its original Content, features, and functionality are and will remain the exclusive property of Brew Kiosk and its licensors. 4.2. Trademarks: The Brew Kiosk name, the Brew Kiosk logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Brew Kiosk or its affiliates or licensors. You must not use such marks without the prior written permission of Brew Kiosk.
5. Disclaimers THE WEBSITE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BREW KIOSK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. BREW KIOSK DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
6. Limitation of Liability IN NO EVENT SHALL BREW KIOSK, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (III) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BREW KIOSK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7. Indemnification You agree to defend, indemnify, and hold harmless Brew Kiosk and its licensee and licensors, and their respective employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Website; or (b) a breach of these Terms.
8. Termination Brew Kiosk reserves the right to terminate or suspend your access to the Website immediately, without prior notice or liability, at its sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Governing Law These Terms shall be governed and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within the State of California for the purpose of litigating all such claims or disputes.
10. Changes to Terms We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
11. Contact Information For any questions regarding these Terms, please contact us at [email protected].