Terms & Conditions

Site Legal Notification

INTERNET SITE TERMS AND CONDITIONS

ACCESS TO AND THE USE OF THE WORLD WIDE WEB PAGES (THE “SITE”) OF ORIGINAL BARTENDERS, WHICH IS PRODUCED, MARKETED AND DISTRIBUTED BY CHARLES JACQUIN ET CIE., INC. UNDER LICENSE FROM CHATAM INTERNATIONAL INCORPORATED, THE OWNER OF  TRADEMARK AND INTELLECTUAL PROPERTY RIGHTS OF ORIGINAL BARTENDERS AND ORIGINAL BARTENDERS COCKTAILS  (HEREINAFTER COLLECTIVELY REFERRED TO AS “BARTENDERS”), IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT BELOW. BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO ABIDE BY AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”).  IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS FOR THE USE OF BARTENDERS’ WEB PAGES, PLEASE LEAVE THE SITE IMMEDIATELY. BARTENDERS RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AND MAY REVISE THESE TERMS OF USE FROM TIME TO TIME, SO YOU SHOULD REGULARLY REVIEW THEM.

  1. Bartenders maintains this Site for personal use for those of a legal age in your country, province, or state of residence (21 years or older in the United States of America) for the consumption of alcoholic beverages and in countries where the consumption of alcoholic beverages is permitted. Therefore, consumption of alcoholic beverages must be permitted and you must be of legal drinking age under the applicable laws of the place from where you are accessing this Site.  If you are not of legal drinking age under the applicable laws from where you are accessing this Site or are in a country or place where use of this Site is not permitted, please exit this Site immediately.  Bartenders reserves the right to restrict or terminate your access to this Site or any feature thereof if you violate these Terms of Use, or if you use this Site in order to make or assist in making any criminal or unlawful statements or actions or announce or participate in any criminal or unlawful actions.
  2. The material provided on this Site is for your personal, non-commercial use only.  You may print or have printed by a third party any downloadable information or materials offered on this Site for your own personal use and not for direct or indirect commercial purposes, your use of the materials is for lawful purposes, no copyright or other  notice regarding the rights of property of third parties is removed from the materials/information, you reside in a country, state or province where the consumption of alcoholic beverages is permitted and you are of legal age to consume alcoholic beverages pursuant to the laws of the country, territory or state or province in which you reside.  Under any circumstances, you may not republish  any such materials/information in any manner without the prior written consent of Bartenders.
  3. The contents of this Site are all the intellectual property of Bartenders, including without limitation, the trademarks, trade dress, designs, logos, texts, images, audio and video materials and other intellectual property,  as applicable, ( hereinafter referred to collectively as “Intellectual Property”) unless otherwise stipulated in writing.  The Intellectual Property is protected under the laws of the United States of America and other nations around the world and under international treaties – in particular under copyright and trademark laws.  You agree to keep all copyright, trademark and other proprietary notices on the material and not remove them.  Any violation of the rights in and to the Intellectual Property may be the subject of legal action against you.  All rights not expressly granted herein are reserved to Bartenders.  Any product or company names other than those of Bartenders and devices, logos, icons, graphics, or designs referred to on the pages of this Site are the trademarks and/or proprietary rights of their respective owners and are exhibited only in such manner as is intended to be for the benefit of such owners and no infringement of any such trademarks or rights of such owners is intended.  The appearance or absence of product, services, companies, organizations, home pages or other web sites on this Site does not imply any endorsement or non-endorsement thereof by Bartenders.
  4. Except with the limited license to access the Site, browse, download and print certain material/information from this Site for your personal, non-commercial use, nothing herein shall be construed as granting, directly or indirectly, by implication, estoppel, or otherwise, any license or right to use any of the Intellectual Property and you have no right to use the  Intellectual Property.  All rights with respect to the Intellectual Property remain the exclusive property of Bartenders, as applicable.
  5. Any prize draws, contests or similar promotions made available through this Website may be governed by specific rules that are separate from these Terms of Use.  By participating in any such prize draw, contest or promotion you agree to become subject to those rules, whioch may vary from the terms and conditions set forth herein.  Bartenders 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 the Terms of Use, 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 Use, the terms and conditions of such rules will control.
  6. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  THIS SITE AND CONTENT ARE PROVIDED TO THE USER OF THIS SITE ON AN “AS IS” BASIS.  EXCEPT AS EXPRESSLY REQUIRED BY LAW, BARTENDERS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITE LINKED TO THIS SITE.   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BARTENDERS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND UNDERSTANDINGS WHATSOEVER, EXPRESSED, IMPLIED OR OTHERWISE, SPECIFICALLY INCLUDING, BUT NOT BEING LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUSES AND/OR OTHER HARMFUL GOODS.  IF USE OF THIS SITE OR ITS CONTENT RESULTS IN THE NEED FOR REPLACING OR SERVICING YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY, BARTENDERS SHALL NOT BE RESPONSIBLE FOR THESE COSTS OR FOR ANY OTHER DAMAGES.
  7. IN NO EVENT SHALL BARTENDERS, ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR GOODWILL, OR DAMAGES RESULTING FROM LOST DATA, COMPUTER FAILURE OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS SITE AND ITS MATERIAL, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BARTENDERS OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BARTENDERS DISCLAIMS ALL LIABILITY FOR NEGLIGENCE.
  8. Any links that may be provided to third party sites are solely for your convenience and Bartenders does not endorse the contents of any such third party web sites, 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 website is solely and exclusively at your own risk.
  9. You agree to indemnify, hold harmless and defend Bartenders, its and their officers, directors, agents, employees and representatives, from and against any and all claims, actions, demands, in law or otherwise, for damages, liability or anything of any nature, including without limitation reasonable legal and other professional fees, arising out of or in connection with your use of any of the material on this Site or your breach of the terms of these terms and conditions.
  10. All information (including but not limited to ideas, suggestions, concepts and graphics) submitted by you to Bartenders through this Site, if any, will become the exclusive property of Bartenders.  Bartenders will not be subject to any obligation of confidentiality and will be free to use the information for any purpose that it deems desirable.
    Furthermore, you agree not to post or transmit any unlawful, libelous, defamatory, obscene, scandalous, pornographic or profane material or any material that would constitute or encourage or incite any conduct that would violate any law.  Bartenders will cooperate fully with any law enforcement agency or comply with any court order requesting or directing it or them to disclose the identity of or to help identify or locate anyone posting any such information or materials.
    Communications from users of this Site are not screened in advance and Bartenders is  not responsible for screening and/or monitoring material that users post to this Site.  If notified, they may investigate an allegation that a communication does not conform with this agreement and determine whether to have the communication removed.  However, Bartenders is under no obligation to do so and Bartenders assumes no responsibility or liability arising out of or in connection with the content of any such communication nor for any defamation, error, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any such information within such communications with the Site.
  11. There is no assurance of privacy of any information or material of the user in accessing the Site or in communicating with the Site.  The web server for this Site will collect and save the default information customarily logged by the server including, among other things, the name of the domain from which you access the Site, the date and time that you access the Site, and the age of the user, if required for the purpose of establishing that the user is of a legal drinking age.  Any information you submit is insecure and could be observed by a third party while in transit and when received including, passwords, or other information you would like to keep private.  Bartenders shall have no responsibility or liability for any actions or communications by you or any unrelated third party within or without this Site.
  12. Bartenders makes no representations that the content of this Site is appropriate or may be downloaded outside of the United States of America.  If you access this Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.    This agreement shall be governed by the laws of the State of Pennsylvania and the United States of America and you agree to submit to the exclusive jurisdiction of the courts of the State of Pennsylvania, including the Federal Courts.  If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.  No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.