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Terms & Conditions

GENERAL TERMS & CONDITIONS

Terms of Use

Use of this Web site and/or web-based application signifies your agreement with the following terms and conditions. If you do not agree with any of these terms of use, please do not use this website and/or web-based application. Keeper (as defined below) reserves the right, in its sole discretion, to modify these terms and conditions at any time and you agree to be bound by such modifications through your use of this Web site and/or web-based application.

Intellectual Property Ownership

Copyrights

All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on this Web site (“Content”) are owned by Keeper® Collection, LLC (“Keeper”) or used with permission.

Your Subscription

Your subscription provides unlimited access to this information via the Internet from one or more personal computers. You may not access the information from more than one computer at any given time.

You must select a Personal ID and Password at the time you subscribe (subject to the availability of the Personal ID and Password you choose). We will use certain technologies to ensure that only one person is using each Personal ID at any given time. Sharing your Personal ID and Password with others (except as described below) is a violation of this agreement, may make it impossible for you to use the service when another person or entity is using your Personal ID and is grounds for immediate termination of your subscription (without a full or partial refund of your subscription fee).

You may not copy or incorporate any of the Content available on the Web site into any other work, including your own Web site, or use the Content in any other public or commercial manner, without written permission from Keeper. That means you may not post or redistribute any portion of our Web site unless you have a license from Keeper to do so. That also means that Keeper retains full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.

You may not change any of the notices regarding copyright, trademarks or other marks that may accompany the Content. If you want to link to the home page of our site, that's OK, but please don't use our Content in your own site. You may not deep link (i.e., link to any page other than the home page) to our site without our specific written permission.

Who May Use Your Subscription

If you are an individual, your subscription is for your own personal use of the service. It may not be shared, resold, subdivided or sublicensed to anyone else (except for immediate family members defined as your spouse and any relatives living with you in your primary residence).

If you are an entity engaged in the culinary or beverage trade, such as a chef, restaurant, cooking school, retail beverage shop, beverage importer, or beverage wine wholesaler, use of your subscription is limited to your employees during normal business hours and from a single personal computer located at your place of business.

Except as described above, your subscription is not transferable to, or usable by, another person, business or entity without our consent.

We will use certain technologies to monitor your use of our service to be certain it is in compliance with the terms of this agreement. Intentional use of the service in a manner inconsistent with this agreement will be grounds for termination of your subscription. No full or partial refunds will be offered for subscriptions terminated for intentional use of the service not in compliance with this agreement.

Access to the service using special computer programs (Web Robots, Web Wanderers, Crawlers, or Spiders) designed to systematically download the information in the database is strictly prohibited. We will use certain technologies to detect the use of these programs. Their use is a violation of this agreement and is grounds for immediate termination of your subscription (without a full or partial refund of your subscription fee).

Trademarks

Unless otherwise specified, all trademarks used on this site are the property of Keeper or our business partners.

Submissions

We are glad to receive from you any recipes, beverage pairings, stories, comments, suggestions, ideas, graphics, pictures or anything else to be considered for publication on the site, but do please remember that, by uploading or sending us such material (“Materials”) through this site, such Materials become the property of Keeper and you thereby assign all your right, title, and interest in it to the Materials to Keeper. That means that all recipes, stories, comments, suggestions, ideas, graphics, pictures or other information uploaded or sent to Keeper through this site are automatically deemed to be the property of Keeper. Furthermore, the Materials are not confidential and we can use it as we see fit - that includes reproducing it, disclosing it, publishing it, or broadcasting it here or somewhere else, in this or any other medium now known or later invented. Please see the Privacy Policy for the Web site and/or web-based application regarding the protection of your personal information that is solicited by Keeper. Under no circumstances are you entitled to any payment if we do use your Materials for any purpose.

The terms outlined above regarding the Materials do not include recipes uploaded for personal use on your individual membership account or personal information submitted upon request by Keeper. Please see the Privacy Policy for the Web site regarding the protection of your personal information that is solicited by Keeper.

User Conduct

You may not engage in any activities through the Web site which are unlawful, offensive, abusive, violate the rights of third parties, or inhibit other users from using and enjoying this Web site. You may not monitor or copy Content on the Web site by using any robot, “bot,” spider, crawler or other automatic device or manual process without our written permission. You may not engage in any activity which interferes with the proper working of the Web site and/or web-based application. We reserve the right to terminate your access to the Web site at any time, without notice, for any reason whatsoever.

No Endorsements

Although this Web site and/or web-based application may refer to products or services of third parties or link to third party sites or information, we do not endorse or make any warranties or representations about them. Any links to other sites are provided for your convenience only. You need to make your own decisions regarding third party products, services and Web sites.

Use of this Site: Limitation of Liability and Disclaimer

NEITHER KEEPER, NOR ITS OFFICERS, DIRECTORS, PARENTS, PARTNERS, EMPLOYEES, AGENTS, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES ARE RESPONSIBLE OR LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE WEB SITE AND/OR WEB-BASED APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO:

  • DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY;
  • DAMAGES THAT DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM SOME OF THE CONSEQUENCES OR RESULTS OF SUCH ACTION (CONSEQUENTIAL DAMAGES); AND
  • OTHER MISCELLANEOUS DAMAGES AND EXPENSES, SUCH AS INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS CONTAINED IN THIS WEB SITE AND/OR WEB-BASED APPLICATION, THE OPERATIONS OF THIS WEB SITE AND ALL CONTENT ON THIS WEB SITE AND/OR WEB-BASED APPLICATION ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT.

While we reserve the right to remove any postings or any other information that we feel may be offensive or otherwise objectionable, we are not responsible for any Materials posted by any user or for any information whatsoever contained in any linked sites. YOU AGREE THAT KEEPER IS NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER VISITOR TO THIS WEB SITE AND/OR WEB-BASED APPLICATION OR ANY OTHER THIRD PARTY.

By using this Web site and/or web-based application and/or transmitting to it any Materials or other submissions, you agree to indemnify Keeper, its officers, directors, parents, partners, employees, agents, distributors, affiliates, subsidiaries and their related companies for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.

Refund Policy

Every one of our products is available as a trial that allows you to use many of the application's features before you purchase it. We strongly encourage everyone to try our products first before buying them. You may cancel your membership at any time by contacting us at Keeper Collection. If for some reason after your purchase you are still not satisfied, we will refund your purchase for up to 30 days, minus any shipping and order processing charges. Just contact us at info@keepercollection.com with your order number and reason for the return. After 30 days, regardless of the reason for cancellation, you will not be refunded any unused portion of your Membership fee. Keeper reserves the right to cancel the membership of any Member who is considered to be in violation of these Terms of Use or the Privacy Policy or Keeper considers to be acting in a disrespectful way toward another under the terms and conditions. In the event Keeper cancels a Membership, there will be no refund of any portion of the Membership fee.

Termination

Keeper may, in its sole discretion, terminate or suspend your access to all or part of the Web site and/or web-based application for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding Content appearing on the Web site and/or web-based application, and the representations and warranties, indemnities, limitations of liabilities, and provisions specifying governing law and jurisdiction set forth in this agreement will survive any such termination.

Governing Law and Jurisdiction

This agreement will be governed by and construed in accordance with the laws of the State of Texas, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the Web site and/or web-based application will be brought in either the State or Federal Courts residing in Austin, Texas. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from this agreement and the remaining provisions of this agreement will remain in force. This contains the entire agreement between you and Keeper concerning your use of the Web site and/or web-based application. You may not modify this agreement except in writing signed by both parties.

 

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