TERMS & CONDITIONS

BY USING SPIRITS MARQUE ONE LLC’S (“SVEDKA’S”) WEBSITE (THE “SITE”), YOU ARE AUTOMATICALLY AGREEING TO AND SHOW THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS (THE “AGREEMENT”). BY CLICKING THE ACCEPTANCE BUTTON FOR THE SITE YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AS THE “USER”. AFTER CLICKING THE ACCEPTANCE BUTTON, YOUR CONTINUED USE OF THE SITE INDICATES YOUR CONTINUED ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT CLICK THE ACCEPTANCE BUTTON, YOU MAY NOT USE THE SITE. THIS AGREEMENT IS SUBJECT TO CHANGE BY SVEDKA AT ANY TIME WITHOUT NOTICE. ALL RIGHTS TO USE THE SITE ARE GRANTED ON THE CONDITION THAT SUCH RIGHTS ARE FORFEITED IF USER FAILS TO COMPLY WITH THE AGREEMENT.

YOU MUST BE TWENTY ONE (21) YEARS OLD OR OLDER TO USE THE SITE.

SVEDKA MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS, OR SERVICES DESCRIBED IN THE SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. SVEDKA DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION PUBLISHED AT THE SITE. SVEDKA RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE. FURTHERMORE, BY OFFERING THE SITE AND INFORMATION, PRODUCTS OR SERVICES VIA THE SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY SVEDKA TO ANY PERSON TO USE THE SITE OR SUCH INFORMATION, PRODUCTS, OR SERVICES IN ANY JURISDICTIONS WHERE THE PROVISION OF THE SITE AND/OR SUCH INFORMATION, PRODUCTS, OR SERVICES IS PROHIBITED BY LAW.

  1. License Agreement
    Subject to the terms and conditions of this Agreement, SVEDKA grants USER a limited, revocable, non-exclusive and non-transferable license-at-will (the “License”) to use the Site for its intended purpose for your own non-commercial use in order to upload content required and/or permitted by the Site and these Terms and Conditions. Permission is granted to display and electronically copy and print hard copy portions of the Site for your own non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of the Site is strictly prohibited. We do not grant any license or other authorization to any of our trademarks, logos, tradenames, service marks, other copyrightable material or any other intellectual property, by including it on the Site. Nothing in this License will entitle USER to receive from SVEDKA hard-copy documentation, technical support, telephone assistance, or updates to the Site. SVEDKA may terminate this Agreement at any time, for any reason or no reason, with or without notice, and without any obligation to USER. Upon termination, USER agrees to immediately cease using the Site.

  2. Restrictions
    USER may not: (i) modify, revise, translate or create any derivative works of the Site or supporting documentation; (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code for the Site; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Site; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Site, including, but not limited to, any trademark, logo, copyright.

  3. Proprietary Rights
    Title, ownership rights, and intellectual property rights in the Site, its content, and all copies thereof shall remain in and with SVEDKA, its licensors and/or its assigns. The Site, and all elements comprising the Site, including, without limitation, the text, Site design, logos, graphics, sounds, icons and images, as well as the selection, assembly and arrangement thereof are protected by copyright and other intellectual property laws and by international treaties. All trademarks, service marks, trade names, trade dress, logos, designs and sounds associated with the Site are owned by SVEDKA or third parties that have authorized their use.

    BY SUBMITTING PHOTOGRAPHS AND/OR OTHER MATERIALS (COLLECTIVELY, “MATERIALS”) TO THE SITE, YOU HEREBY IRREVOCABLY TRANSFER TO SVEDKA ALL RIGHT, TITLE AND INTEREST IN AND TO THE MATERIALS. IN THE EVENT THAT THE RIGHTS, TITLE AND INTERESTS IN THE MATERIALS CANNOT BE TRANSFERRED, YOU HEREBY GRANT TO SVEDKA AND SVEDKA PARTNERS (AS DEFINED BELOW) A PERPETUAL, EXCLUSIVE, WORLDWIDE RIGHT TO USE THE MATERIALS IN ANY AND ALL MEDIA, WHETHER NOW KNOWN OR LATER INVENTED, WITHOUT LIMITATION. YOU RELEASE SVEDKA AND THE SVEDKA PARTNERS FROM ANY CLAIMS OR LIABILITIES ARISING FROM THE MATERIALS AND WAIVE THE RIGHT TO PURSUE ANY CLAIM AGAINST SVEDKA AND THE SVEDKA PARTNERS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, AND/OR THE MATERIALS.

  4. User Conduct
    You agree not to use the Site, or any results from your use of the Site, to:
    • Upload, transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
    • Harm minors in any way
    • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
    • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users
    • Upload, transmit, access or communicate any data or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships
    • Upload, transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
    • Upload, transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
    • Intentionally or unintentionally violate any applicable local, state, national or international law, including any privacy laws of any applicable jurisdiction
    • “Spam”, “stalk” or otherwise harass another
    • Collect or store personal data or other information about other users or non-users
    • Intentionally make available spoofed files or files with information designed to misidentify the actual content of he file.

    We have no obligation to monitor Materials provided by users of the Site. You acknowledge and agree, however, that we do retain the right to monitor and approve the Materials and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, or to protect SVEDKA, the Site or users of the Site.

  5. Links To Other Sites
    Links to non-SVEDKA websites may be provided, in which case they are provided solely as pointers to information on topics that may be useful, and SVEDKA does not control over the content on such non-SVEDKA websites. If you choose to link to a website not controlled by SVEDKA, SVEDKA makes no representations, warranties, promises, or guarantees, either express or implied, concerning the content of such non-SVEDKA website, including the accuracy, completeness, reliability, or suitability of such site for any particular purpose, nor does SVEDKA represent, warrant, promise, or guarantee that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. SVEDKA does not represent, warrant, or promise, or guarantee the authenticity of documents on the Internet. Links to non-SVEDKA sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.

  6. Notices Of Claimed Infringement
    If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information in writing to SVEDKA’s Copyright Agent named below:

    an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

    a description of the copyrighted work that you claim has been infringed;

    a description of where the material that you claim is infringing is located on the Site;

    your address, telephone number and email address;

    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

    a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    SVEDKA’s Copyright Agent for notice of claims of copyright infringement can be reached at: 1 South Dearborn Street, Suite 1700 Attn: Robin Moncrieff, Copyright Agent. SVEDKA’s Copyright Agent can also be reached by facsimile at 312-346-7488 or by email at copyright@fembotinthewhitehouse.com sent, in each instance, to the attention of Copyright Agent.

  7. Disclaimer of Warranty
    THE SITE IS PROVIDED 'AS IS' AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH USER. SHOULD THE SITE PROVE DEFECTIVE, USER ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. SOME STATES DO NOT ALLOW THE DISCLAIMER OR LIMITATIONOF WARRANTIES, SO THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU TO THE EXTENT THAT SUCH STATE LAW APPLIES TO YOU.

  8. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SVEDKA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, REPRESENTATVES, AFFILIATES, SUPPLIERS, AND ADVERTISING AGENCIES (COLLECTIVELY, THE “SVEDKA PARTNERS”) BE LIABLE TO USER FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, PUNITIVE, DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY USER OR THIRD PARTIES, A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE COLLECTIVE LIABILITY OF SVEDKA AND/OR SVEDKA PARTNERS UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES USER PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO USER AND IN SUCH CASE SVEDKA’S LIABILITY AND THAT OF THE SVEDKA PARTNERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  9. Release
    USER further agrees to release, discharge, indemnify and hold harmless SVEDKA and SVEDKA Partners from and against any claims, damages, expenses or liability arising from or related to any injuries, damages or losses to any person or property of any kind resulting in whole or in part, directly or indirectly, USER’s use of the Site (or any other person accessing the Site using your account) , or use of SVEDKA or SVEDKA Partners’ services, including, without limitation, USER’s breach of any terms or representations contained in this Agreement or the use by SVEDKA or SVEDKA Partners of any of the rights granted by USER.

  10. Miscellaneous
    This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of New York, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of New York and USER expressly consent to the exercise of personal jurisdiction in the courts of New York in connection with any such dispute including any claim involving SVEDKA and/or the SVEDKA Partners. Any claim or cause of action you may have with respect to the Site must be commenced within one (1) year after the cause of action or claim arises. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. SVEDKA shall have the right to modify this Agreement from time to time. You understand and agree that your continued use of the Site indicates your acceptance of any such modifications, which shall become a part of this Agreement.

  11. Communicating with SVEDKA
    By sending SVEDKA any ideas, comments, suggestions, questions or other material, you grant to SVEDKA an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material in any manner, including in connection with SVEDKA’s business, and you also agree that SVEDKA is free to us any ideas, concepts, know-how or techniques that you send us for any purpose. You agree that you shall remain solely liable for the contents of any submissions to the Site made by you or others using your account. Our postal contact regarding the matters set forth in this Agreement is as follows: Spirits Marque One, Attn: fembotinthewhitehouse.com support, 598 Madison Avenue, NY, NY 10022. Our email contact regarding such matters is as follows: support@fembotinthewhitehouse.com.

  12. Void Where Prohibited
    SVEDKA administers and operates the Site from its location in New York, NY USA. SVEDKA reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area. Any offer for any feature or service made on the Site is void where prohibited. You may not use the Site in violation of any applicable laws or regulations, including, without limitation, export laws and regulations.