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Batch CLXXV. Schwarzwald, Sunday June 25, 2017 NO. 47
Responsible Drinking Legal Disclosure Privacy Policy Terms Of Service

Terms Of Service

Black Forest Distillers GmbH’S LEGAL NOTICE

  1. Use of This Site

a. Acceptance of Terms of Service & Privacy Policy. Any use by you of this website operated by Black Forest Distillers GmbH. (“BFD”) at www.monkey47.com (the “Site”) is conditional upon your acceptance of these Terms of Service and our Privacy Policy. Your continued use of the Site will be deemed acceptance of these Terms of Service and our Privacy Policy. The Site is intended for use by you only if you are of legal purchase age to purchase alcohol in your country of residence and in the country from which you are accessing the Site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you must leave the Site immediately.

b. Permitted Uses. BFD maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. If you are of legal purchase age to purchase alcohol in your country of residence and in the country from which you are accessing the Site, you may download material displayed on the Site for non-commercial, personal use only, provided you do not remove any copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of this Site for public or commercial purposes, including the text, images, audio and visual without BFD's written permission. Changes periodically are made to the information contained in this Site.

  1. Intellectual Property

This copyright notice applies to all proprietary material throughout this Internet site (this "Site"). Unless otherwise noted, product names, designs, logos, titles, text, images, audio or video within this Site are the trademarks, service marks, trade names or other property of Black Forest Distillers GmbH ("BFD"). All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Intellectual Property displayed on the Site without the written permission of BFD.

  1. Unaffiliated Products and Sites

Descriptions of, or references to, products, publications or sites not owned by Black Forest Distillers or its affiliates do not imply endorsement of that product, publication or site. BFD has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

  1. Communications with this Site

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. BFD will fully cooperate with any law enforcement authorities or court order requesting or directing BFD to disclose the identity of or help identify anyone posting any such information or materials.

Other than Personal Information, as defined in and governed by our Privacy Policy, any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. BFD cannot prevent the "harvesting" of information from this Site, and you may be contacted by BFD or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of BFD, may or may not be posted to this Site at the sole discretion of BFD, and may be used by BFD or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore BFD is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Although BFD may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, BFD is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. BFD assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

  1. Sweepstakes & Promotions

Any prize draws, contests, sweepstakes or similar promotions made available through this Site may be governed by specific rules that are separate from these Terms of Service. By participating in any such prize draw, contest, sweepstakes or promotion you agree to become subject to those rules, which may vary from the terms and conditions set forth in these Terms of Service. BFD urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Privacy Policy, which, in addition to these Terms of Service, will govern any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms of Service, the terms and conditions of such rules will control.

  1. No Warranties; Limitation of Liability

THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, OR NON-INFRINGEMENT.

BFD and Black Forest Distillers assume no responsibility, and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.

In no event shall BFD, Black Forest Distillers or any other party, involved in creating, producing, maintaining or delivering the Site, or any of their affiliates or related companies, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site.

  1. Indemnification

You agree to indemnify, defend and hold BFD, Black Forest Distillers, or any other party, involved in creating, producing, maintaining or delivering the Site, or any of their affiliates or related companies, or the officers, directors, employees, shareholders, or agents of each of them, harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following: (a) your use of, inability to use, or activities in connection with the Site or any service offered on or through the Site; (b) any violation of these Terms of Service or any other terms, conditions or policies by you or through any account you may have with any website related to this Site; (c) any transaction by you on the Site; (d) any allegation that any submission or other materials that you make available through the Site infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any Site visitor, user, or customer, or any other third party; and you agree to reimburse BFD on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any such claim(s).

  1. Termination and Enforcement

You agree that BFD, at its sole discretion, may terminate your access to or use of the Site or any services provided on the Site, at any time and for any reason, including without limitation if BFD believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice and that BFD may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that BFD, Black Forest Distillers, or any of their affiliates or related companies shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you after any such termination. If your access to the Site is terminated, BFD shall continue to treat any Personal Information, as defined in and governed by our Privacy Policy, you may have provided, in accordance with such Privacy Policy. BFD reserves the right to take steps that BFD believes are necessary or appropriate to enforce and/or verify compliance with these Terms of Service (including without limitation in connection with any legal process relating to your use of the Website and/or a third party claim that your use of the Website is unlawful or violates such third party's rights).

  1. United States Governing Law

This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the State of New York, United States of America. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that BFD intends to make such products or services available in such countries. Without limitation, you agree that a printed version of these Terms of Service and amendments made hereto shall be admissible in any judicial or administrative proceedings based upon or relating to your use of the Site or these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  1. Changes to Terms of Service

We may amend these Terms of Service from time to time in our sole discretion. We are under no obligation whatsoever to inform you of any such amendments. This policy was last amended on May 02, 2017.

  1. Severability

If any provision of these Terms of Service shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

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