The material contained herein is intended for mature audiences and is not suitable for persons under the age of 21. If you are under 21 please exit this site.
By using this website, you agree to the Terms of Service below. Please read them carefully. This Terms of Service is a binding contract between you and this website. If you do not agree with any of these terms, please exit this website.
TERMS OF SERVICE:
1. Material from this site is protected by copyright and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the copyright owner.
2. All trademarks on this site are property of Voodoo Tiki Tequila, Limited or its affiliated companies (The Company) unless otherwise indicated.
3. Material on this site is provided for lawful purposes only.
4. The Company is not liable for any damages, harm or injury that relate to, arise out of, or result from the use of, or access to, or the inability to use, any of the material on this site. The materials on this site are provided "as is" and without warranties of any kind, expressed or implied.
The Company is committed to protecting your personal privacy. We provide this notice to explain the type of information we collect on the www.voodootiki.com website and how that information is used.
When visiting our site, we may ask you questions on an aggregate basis (we don't identify you personally with the information) and such questions will be identified on the website. In all other instances, you should assume that we will track any information you provide on a personally identifiable basis.
When you register with our website, you can elect to receive information and updates on our products and services. Information will not be used for this purpose unless you request to receive such material.
Registration may be required to be eligible to enter online contests or sweepstakes. The Company may use the information you provide when registering to fulfill prizes.
We use return email addresses to answer the email that we receive, and we may use return email to send you other information. Such addresses are not used for any other purpose.
In addition to information that you provide us voluntarily, The Company may collect aggregate information in the form of IP addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers, the computers that "serve up" web pages, automatically identify your computer by its IP address. When you request a page from this website, our servers log your IP address. We do not link IP addresses to anything personally identifiable, so although your session will be logged, you will remain anonymous to us.
We may use information collected from you in the following ways:
• We may use information for internal marketing analysis, for example, to assess trends amongst our consumers or to measure the amount of traffic to our websites. We may also share non-personal information with others, such as advertisers, in aggregate anonymous form, which means that the information will not contain any personally identifiable information about you.
• We may use your personal information in order to respond to your queries and requests, and to manage transactions, such as credit card payments, for any goods that you order from us or any of our agents, or for the fulfillment of such transactions (e.g., delivery). The personal information you provide may be used by an authorized vendor to fulfill that order. We may also use your personal information in order to communicate with you about our products and services and those of our subsidiaries, affiliates, and parent companies and any of their related businesses.
• We may arrange for selected organizations to send you marketing and promotional information that may be of interest to you. In such circumstances your personal information may be disclosed to these organizations, who will agree to be bound by the terms of this privacy statement. We will obtain your permission before we send you any such communications.
• Information that you post on or through the public areas of our websites (e.g., chat rooms, bulletin boards and discussion groups) are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. Users of our sites are encouraged to exercise caution when providing personal information about themselves in public or interactive areas.
• In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including, without limitation, personally identifiable information that you provide and other information concerning your relationship with us.
• We may transfer your personal information to third parties, under confidentiality obligations, when the performance of any service in relation to the activities above is sub-contracted (e.g., the administration of a marketing campaign).
• We may disclose your personal information if permitted by law or required to do so by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our customers or users of our websites.
We take reasonable precautions to keep your personal information secure. We have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and us, or information stored on our servers, will be free from unauthorized access by third parties.
Our websites may contain links or references to other websites outside of our control. Please be aware that we have no control over these sites, and our privacy statement does not apply to these sites. We encourage you to read the privacy statements and terms and conditions of linked or referenced sites you enter.
You may request that we provide you the information we hold about you, update your information, or ask us to remove your information or correct any inaccuracies in such personal data. We will use reasonable efforts to deal with your request within a reasonable time.
Please note: The laws and regulations in different countries impose different (and even conflicting) requirements on the Internet and data protection. The servers which make this site available worldwide are located in the USA. All matters relating to this site are governed by the laws of the state of Florida, in the USA. Please note that any information you provide will be transferred to the USA, and by submitting the information you authorize this transfer.
I understand that my submission of any material (comment, story or image(s)) to voodootiki.com constitutes my agreement to the following Terms and Conditions, which I have read and understand:
1) USE OF MY SUBMISSION. By posting my comment, story or image(s) (each a "Submission"), I hereby irrevocably grant to the Voodoo Tiki Spirits Company, its parent, subsidiary and affiliated companies, and each of their respective successors and assigns (collectively, "Voodoo Tiki") all present and future rights, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Submission, and any ideas, concepts, or elements embodied therein, for use throughout the universe in any manner or venue and for any purpose (including, without limitation, for purposes of advertising, promotion or trade in promoting and publicizing Voodoo Tiki and its products and services) by means of any and all media and devices (whether now known or hereafter devised) in perpetuity. Voodoo Tiki shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose which Voodoo Tiki deems necessary or desirable, and I irrevocably waive any and all so-called moral rights I may have in the Submission and I agree that I shall have no right of approval and no claim to compensation in connection with the Submission.
2) REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. I represent and warrant to Voodoo Tiki as follows: (a) I am 21 years old or older on the date of my Submission; (b) I am voluntarily submitting my Submission; (c) I understand that no copy of my Submission will be returned to me; (d) the content of the Submission is previously unpublished and is original to me (or, if I am not the person that created the Submission, the person who created the Submission has granted to me all rights necessary to allow me to grant to Voodoo Tiki the rights granted pursuant to Paragraph 2 above); (e) the Submission does not disparage Voodoo Tiki or its competitors; does not contain any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening or otherwise objectionable material; and does not contain the names of any people (including, without limitation, any celebrities) or any non-Voodoo Tiki trademarks; (f) the content of the Submission is not the subject of any actual or threatened litigation or claim; (g) neither the Submission, nor the use of the Submission by Voodoo Tiki in any manner, venue or media, whether now known or hereafter devised anywhere in the universe at any time for any purpose (including, without limitation, for purposes of advertising, promotion or trade in promoting and publicizing Voodoo Tiki and its products and services), will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. I hereby agree to indemnify and hold harmless Voodoo Tiki from and against any and all third party claims, actions or proceedings of any kind, and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of my warranties, representations or agreements hereunder.
3) NO OBLIGATION TO USE. Voodoo Tiki shall have no obligation (expressed or implied) to use (or post) the Submission or to otherwise exploit the Submission or, if commenced, to continue the distribution or exploitation (or posting) thereof, and Voodoo Tiki may at any time abandon the use (or posting) of the Submission and/or remove the Submission from this website for any reason in its sole discretion, and I shall not be entitled to any damages or other relief by reason thereof.
4) NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. I hereby acknowledge and agree that the relationship between me and Voodoo Tiki is not a confidential, fiduciary, or other special relationship, and that my decision to provide the Submission to Voodoo Tiki does not place Voodoo Tiki in a position that is any different from the position held by members of the general public with regard to elements of the Submission. I acknowledge and agree that Voodoo Tiki does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
5) IMPORTANT. PLEASE READ GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By making my Submission, I agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Submission shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with submitting the Submission, but in no event will attorneys fees be awarded or recoverable; and (3) under no circumstances will I be permitted to obtain any award for, and I hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. I acknowledge and agree that Voodoo Tiki is not responsible for any damage to my computer system which is occasioned by accessing the website, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
6) I agree that any litigation between me and Voodoo Tiki arising from or pertaining to my Submission (including, without limitation, any use by Voodoo Tiki of my Submission) and/or my use of this website shall be governed by Florida law and that exclusive jurisdiction resides in the courts of the State of Florida.
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