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KISS CANDY SHOT

TABLE OF CONTENTS

  1. SOCIAL RESPONSIBILITY
  2. ACCESSING OUR SITE
  3. INTELLECTUAL PROPERTY RIGHTS
  4. ACCEPTABLE USE
  5. USER GENERATED CONTENT AND MODERATION
  6. UPLOADING MATERIAL TO OUR SITE
  7. CONTENT STANDARDS
  8. CONTENT GUIDELINES FOR ALCOHOL RESPONSIBILITY
  9. RELIANCE ON INFORMATION POSTED
  10. OUR LIABILITY
  11. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
  12. MALICIOUS CODE, HACKING AND OTHER OFFENCES
  13. LINKING TO OUR SITE
  14. LINKS FROM OUR SITE
  15. INDEMNITY
  16. ENTIRE AGREEMENT
  17. JURISDICTION AND APPLICABLE LAW
  18. VARIATIONS
  19. TRANSFERRING THIS AGREEMENT
  20. INFORMATION ABOUT US

This page tells you the terms of use on which you may make use of this website kisscandyshot.com and any related digital platforms (our "Site"). Please read these terms of use carefully before you start to use our Site.

This Site is for the personal use of persons who are lawfully permitted to purchase and consume alcoholic beverages in Texas and other states where Kiss Candy Shot is legally sold. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. Please exit our Site immediately if you do not accept these terms of use.

These terms refer to our Privacy Policy, which also applies to your use of our Site.

Please exit our Site immediately if you are not of legal age for consuming alcoholic beverages (21 years or older in the United States), or if you are accessing our Site in a location where use of our Site is not permitted. Content is to be shared with those over the legal drinking age only.

1. SOCIAL RESPONSIBILITY

As part of our commitment to responsible marketing, we comply with social responsibility policies established by the Texas Alcoholic Beverage Commission (TABC) and other applicable regulatory bodies. We maintain these principles in all of our sales and marketing activities, including advertising and promotional programs.

2. ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis to users located in areas where the sale, advertising and consumption of alcoholic beverages is permitted. We reserve the right to withdraw, amend, suspend or terminate indefinitely the services we provide on our Site without notice. We may suspend, terminate, or restrict access to the services we provide on our Site if you have breached these terms and/or breached our Content Standards.

Where you are given a username and account details as part of your registration, you must keep your username and any passwords confidential, and you must not disclose it to any third party. We will not be responsible or liable for any loss or damage incurred as a result of unauthorized use of your username and password by a third party.

3. INTELLECTUAL PROPERTY RIGHTS

All intellectual property and database rights in our Site, and in the materials published on it by us, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software ("Materials") are owned by Kiss Candy Shot. The Materials are protected by intellectual property laws. All such rights are reserved.

You may not remove any copyright or other proprietary notices from any Materials on our Site. You are entitled to use the Materials on the Site for the sole purpose of use of the Site, and you may not use the Materials for any other purpose. You may print a reasonable number of hard copies, and may download extracts, of any page(s) from our Site for your lawful, personal, non-commercial use.

You must not use any part of the Materials on our Site for commercial purposes unless expressly permitted by us.

4. ACCEPTABLE USE

You may use our Site only for lawful purposes and we reserve the right to terminate your use of the Site where you are in breach of these terms. You may not use our Site:

  • In any way that breaches any applicable local, state or federal law or regulation
  • In any way that is unlawful or fraudulent
  • For the purpose of harming or attempting to harm minors in any way or which is intended to promote alcohol to minors
  • To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our Content Standards
  • To transmit any unsolicited or unauthorized advertising or promotional material (spam)
  • To transmit any data, send or upload any material that contains viruses, malware, or any other harmful programs

5. USER GENERATED CONTENT AND MODERATION

We may provide interactive services on our Site which may include information and materials uploaded by users, including comments and posts, forums, social content, image upload features, and interactive recipe functionality.

We do not oversee, monitor or moderate all interactive services we provide on our Site. The views expressed by other users on our Site do not represent our views or values and are not endorsed by us.

We reserve the right to moderate any user-generated content that is uploaded to our Site to ensure that our Content Standards are being adhered to. We reserve the right to remove any user-generated content that we consider contravenes our Content Standards.

If you wish to complain about content uploaded by other users, please contact us at [contact email].

6. UPLOADING MATERIAL TO OUR SITE

Where you submit your own content, images, photographs, recipes, videos, and any other materials ("Your Content") to the Site, you hereby give us a non-exclusive license to display Your Content on the Site, and to use Your Content for our own purposes (including promotional purposes), and to allow other users to view, interact with, share and download Your Content.

Your Content must comply with our Content Standards. Any material you upload to our Site will be considered non-confidential and non-proprietary. We have the right to remove any material or posting you make on our Site if such material does not comply with our Content Standards.

7. CONTENT STANDARDS

Any material which you contribute to our Site must comply with the following content standards. Your contributions must:

  • Be accurate (where they state facts)
  • Be genuinely held (where they state opinions)
  • Comply with applicable law in Texas and the United States

Your contributions must not:

  • Contain any material which is unlawful, obscene, offensive, hateful or inflammatory
  • Contain sexually explicit material
  • Harm, or attempt to harm, minors in any way
  • Be targeted at an under legal drinking age audience
  • Encourage, condone, promote or glamorize under-age, excessive or irresponsible consumption of alcoholic beverages or drunk driving
  • Promote violence
  • Contain any material which is indecent, demeaning or insulting
  • Infringe any copyright, trademark or other proprietary right of any other person
  • Be likely to deceive any person
  • Promote any illegal or immoral activity
  • Be threatening, abusive or cause annoyance, inconvenience or needless anxiety
  • Be used to impersonate any person or misrepresent your identity
  • Give the impression that they emanate from us, if this is not the case

8. CONTENT GUIDELINES FOR ALCOHOL RESPONSIBILITY

"Content" includes any contribution posted by you on our Site, including cocktail names, recipes, comments, pictures, videos, and any other materials. All Content must comply with these guidelines:

Content must adhere to the following:

  • Anyone whose image or video is featured should be and look 21+ years of age and their express consent must be sought
  • No child/minor even in the background
  • Do not use personalities, celebrities, cartoon characters or references that primarily appeal to persons below the legal drinking age

Content should not display or condone:

  • Activities that reward or encourage excessive or irresponsible consumption of alcohol, including underage consumption, drinking games, rapid or unsafe drinking, overconsumption, drunk driving
  • Aggression or unruly, irresponsible, or anti-social behavior
  • Illicit drugs
  • Consuming alcohol as a way to escape problems or overcome boredom
  • Glamorizing excessive consumption of alcohol
  • Consumption of alcohol having any medical or therapeutic effect
  • Any activities or locations in which drinking would be unsafe (sports, violent behaviors, dangerous environments, driving)

For alcoholic products/cocktails:

  • Advocate responsible drinking
  • Show controlled handling, pouring and serving of alcohol
  • We recommend cocktails with each serving containing a maximum of 1.5 ounces of alcohol at 40% ABV or equivalent
  • We encourage lower ABV cocktails and non-alcoholic alternatives
  • Use ounces and ml measurements in recipes

For more on alcohol responsibility please visit www.responsibility.org or your local alcohol responsibility organization.

9. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site.

10. OUR LIABILITY

The material displayed on our Site is provided "as is" without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, representations, or warranties of any kind, either express or implied
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site, including loss of income, business, profits, data, goodwill, or any other loss or damage

Nothing in these terms affects or limits your statutory rights as a consumer.

11. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

Your privacy is important to us. We process information about you in accordance with our Privacy Policy.

12. MALICIOUS CODE, HACKING AND OTHER OFFENCES

You must not misuse our Site by knowingly introducing any malicious code. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored, or any connected systems. You must not attack our Site via denial-of-service attacks.

13. LINKING TO OUR SITE

Unless otherwise authorized in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.

14. LINKS FROM OUR SITE

Where our Site contains links to other sites provided by third parties, these links are provided for your information only. We have no control over the contents of those sites and accept no responsibility for them.

15. INDEMNITY

You will indemnify us against any loss, damage or cost incurred by us arising out of your use of our Site, any breach of these terms by you, or your violation of any laws, regulations and rules.

16. ENTIRE AGREEMENT

These terms of use, including our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our Site.

17. JURISDICTION AND APPLICABLE LAW

These terms are governed and construed in accordance with the laws of the State of Texas, and any dispute arising out of or relating to these Terms or your use of this Site will be subject to the exclusive jurisdiction of the courts located in Texas.

18. VARIATIONS

We may revise these terms of use at any time by amending this page.

19. TRANSFERRING THIS AGREEMENT

We may transfer our rights and obligations under these terms to another organization. We will tell you in writing if this happens and ensure that the transfer will not affect your rights.

20. INFORMATION ABOUT US

In these Terms of Use, "We" or "us" means Kiss Candy Shot. If you have any concerns about material which appears on our Site or need to communicate with us, please contact us at info@kisscandyshot.com or visit kisscandyshot.com/contact.

Note: Kiss Candy Shot is available for purchase at select retail locations in Texas. This website is for marketing and informational purposes only. We do not sell products directly through this website.