TERMS AND CONDITIONS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE.

 

These terms and conditions of Use (the “Terms and Conditions of Use” or “Terms and Conditions”) set forth the basic terms and conditions betWeen You, the User (“You”) of this Website and LOS SUNDAYS FAMILIA, LLC and its successors, parents, subsidiaries, affiliates and related companies or other companies under common control that We may have now, or in the future operate (the “Company,” “We,” “Our,” or “Us”).  The singular term “Website” includes all Websites and all devices or applications that collect personal information from You that We may have now, or in the future operate, that link to these Terms and Conditions, Web pages within each such Website, device or application, any equivalent, mirror, replacement, substitute, or backup Website, device or application, and Web pages that are associated with each such Website, device, or application.  Please read the Terms of Use carefully before You start to Use the Website. By Using the Website, You accept and agree to be bound and abide by these Terms of Use and Our Privacy Policy, found at https://lossundays.com/privacy-policy incorporated herein by reference. If You do not agree to these Terms of Use or the Privacy Policy, You must not access or Use the Website.  You agree that the Company may make this and future agreements with You by electronic means and that such agreements have the same legal effect as agreements entered into on paper and are authentic and valid.

 

This Website is intended for your Use only if You are of legal age to purchase alcohol in the United States.  If You do not meet this requirement, You should leave the Website immediately.  Your right to Use the Website is void where prohibited by applicable law and such right to access the Website is revoked in such jurisdictions.  

 

Material on the Website is provided for lawful purposes only.

 

IF YOU DO NOT ACCEPT THESE CONDITIONS OF USE IN THEIR ENTIRETY PLEASE LEAVE THE SITE NOW.

 

INTELLECTUAL PROPERTY RIGHTS

 

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

These Terms of Use permit You to Use the Website for your personal, non-commercial Use only. You are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing or transmitting any of the material on Our Website without Company’s permission.

 

No right, title or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Company. Any Use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

POSTING TERMS OF USE

 

The Website may contain message boards, chat rooms, personal Web pages or profiles, forums, bulletin boards, or other interactive features (collectively, “Interactive Services“) that allow Users to post, submit, publish, display or transmit to other Users or other persons (hereinafter, “post“) content or materials (collectively,  “Submission“ or “User Contributions“) on or through the Website.

 

All User Contributions must comply with these Terms of Use including the Content Standards set out below.

 

Any User Contributions you make will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, email address, phone number) that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right, but not the obligation, to remove any User Contributions that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Public Forums.  By providing any User Contribution on the Website, You grant Us and Our affiliates and service providers, and each of their and Our respective licensees, successors and assigns the right to Use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

 

You represent and warrant that You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us and Our affiliates and service providers, and each of their and Our respective licensees, successors and assigns.

 

You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

 

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other User of the Website.

 

MONITORING, ENFORCMENT AND TERMINATION

 

We have the right to:

 

  • Remove or refuse to post any User Contributions for any or no reason in Our sole discretion.
  • Take any action with respect to any User Contribution that We deem necessary or appropriate in Our sole discretion, including if We believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Website or the public or could create liability for the Company.
  • Disclose your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized Use of the Website.
  • Terminate or sUspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

 

Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

Because We cannot review all material before it is posted on the Website, to the extent permitted by law, We assume no liability for action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

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.  CSC 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.

 

CONTENT STANDARDS

 

These content standards apply to any and all User Contributions and Use of Interactive Services. User Contributions mUst in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abUsive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, in Company’s sole discretion;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Our Privacy Policy.
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Encourage or condone under-age drinking, drunk-driving, or excessive consumption of alcohol beverages;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sWeepstakes and other sales promotions, barter or advertising;
  • Contain themes or images appealing to children, including Santa Claus;
  • Depict anyone who appears to be or is younger than 21 years of age.

 

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. You represent and warrant to the Company as follows: (a) You are voluntarily submitting the Submission; (b) You understand that no copy of Your Submission will be returned to You; (c) the content of the Submission is previoUsly unpublished and is original to You (or, if You are not the person that created the Submission, the person who created the Submission has assigned to You all rights necessary to allow You to assign and grant to the Company the rights assigned and granted (as the case may be) pursuant to these Terms and Conditions); (d) the Submission does not disparage the Company or its competitors, does not contain any unlawful, pornographic, obscene, profane, defamatory, libeloUs, threatening, or otherwise objectionable material, and does not contain the names of any people (including, without limitation, any celebrities) or any non-Company trademarks; (e) the content of the Submission is not the subject of any actual or threatened litigation or claim; and (f) neither the Submission, nor the Use of the Submission by the Company in any manner, venue or media, whether now known or hereafter devised anywhere in the universe at any time for any purpose (including, without limitation, for purposes of advertising, promoting and publicizing the Company and its products and services), will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws.  You hereby agree to indemnify and hold harmless the Company from and against any and all third-party claims, actions, or proceedings of any kind, and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach by You of any of Your warranties, representations, or agreements hereunder.

 

NO OBLIGATION TO USE.  The Company shall have no obligation (expressed or implied) to Use (or post) the Submission or to otherwise exploit the Submission or, if commenced, to continue the distribution or exploitation (or posting) thereof, and the Company may at any time abandon the Use (or posting) of the Submission and/or remove the Submission from the Website for any reason in its sole discretion.  You shall not be entitled to any damages or other relief by reason thereof.

 

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF.  You hereby acknowledge and agree that the relationship betWeen You and the Company is not a confidential, fiduciary, or other special relationship, and that Your decision to provide the Submission to the Company does not place the Company in a position that is any different from the position held by members of the general public with regard to elements of the Submission.  You acknowledge and agree that the Company does not now, and shall not have in the future, any duty or liability, direct or indirect, vicarioUs, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.

 

IMPORTANT.  PLEASE READ GENERAL RELEASE AND LIMITATIONS ON LIABILITY.  By making Your Submission, You agree that: (1) any and all disputes, claims, and caUses of action arising out of or connected with the Submission shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submitting the Submission, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will You be permitted to obtain any award for, and You hereby knowingly and expressly waive all rights to seek, punitive, incidental, or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.  You acknowledge and agree that the Company is not responsible for any damage to Your computer system that is occasioned by accessing the Website, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions, or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.

 

You agree that any litigation betWeen You and the Company arising from or pertaining to Your Submission (including, without limitation, any Use by the Company of YOur Submission) and/or Your Use of the Website shall be governed by Califonia law and that exclusive jurisdiction resides in the courts of the State of California, in the USA.  

 

WIRELESS MARKETING SERVICES

 

The Company may provide You with the opportunity to register for short message service (“SMS”) communications relating to special promotions, services, news, programming, and information via text messaging and other wireless devices (the “Mobile Services”).  In the event We do so, You are required to provide Your consent to receive such information, either by registering on the Website or via Your wireless device (or both).  We may require You to consent again in a subsequent confirmation message.  Depending on the length of the data returned, more than one SMS message may be sent.  The Mobile Services are available for AT&T, Verizon, T-Mobile, Sprint, Nextel, Alltel, and USCellular Users.  Message and data rates may apply.

 

If You register for Mobile Services, You understand and agree that You may be charged a fee by Your wireless carrier to send and receive messages based on the terms of Your wireless device service plan.  Under no circumstances will the Company be responsible for any wireless email, or text messaging charges incurred by You or by a person that has access to Your wireless device, telephone number or email address.  Check with Your wireless device service provider if You have questions about Your service plan.

 

When You complete forms online or otherwise provide Us information in connection with the Mobile Services, You agree to provide accurate, complete, and true information.  You agree not to Use a false or misleading name or a name that You are not authorized to Use.  If We, in Our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, We may refUse You access to the Mobile Services and pursue any appropriate legal remedies.

 

To the extent that You receive any content through the Mobile Services, the Company grants You a limited, non-exclusive, non-transferable, revocable right to download such content provided by the Company to Your compatible device solely for Your own personal, non-commercial Use.  You understand and agree that You may not download, reproduce, modify, display, perform, transfer, distribute, or otherwise Use the downloaded content except as expressly provided under these Terms and Conditions and other terms applicable to such content.  You understand and agree that You may not authorize, encourage or allow any downloaded content Used or obtained by You to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise Used by any other party, and You agree that You will take all reasonable steps to prevent any unauthorized reproduction and/or other Use of them.  You agree to not refer anyone to the Website or to forward or share any content You receive from the Company through the Mobile Services to anyone who is below the legal purchase age for alcoholic beverages in the jurisdiction in which he or she is located.  If You breach this license You will be liable for damages incurred by the Company and its licensors.

 

You understand, acknowledge, and agree that We may, in Our sole discretion and without liability to You and any User, terminate any offer of any specific Mobile Services at any time without advance notice. We may, but are not obligated to, provide notice of terminations or changes in the Mobile Services on the Website.

 

USE OF THIRD-PARTY HYPERLINKS AND WEBSITES

 

The Website may contain hyperlinks or references to other Websites outside of Our control or operated by third parties.  The Company is not responsible for, nor shall it be liable to You for Your access and Use of any such hyperlinks or Websites.  The appearance on the Website of external hyperlinks to third-party Websites, in any form, does not constitute endorsement by Us of the opinions or views expressed by any such third-party Websites and We do not take responsibility for the accuracy, currency, completeness, or quality of the content contained at such Websites. Furthermore, We are not responsible for the quality or delivery of the products or services offered, provided, accessed, or advertised by any third party.  As such, We will not be responsible or liable to You in any way for any content, errors, or omissions, or for the results obtained from the Use of any information contained in or provided to those third-party sites.

 

DISCLAIMER AND LIMITATION OF LIABILITY/INDEMNITY

 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, SPECIAL, OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, ACCESS TO, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIALS CONTAINED ON THE WEBSITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY.

 

If, notwithstanding the other provisions of these Terms and Conditions, the Company is found to be liable to You for any damages or losses arising out of Your Use of, access to or inability to Use the Website or any material provided or otherwise supplied by Us or any third party, Our liability shall in no event exceed the greater of (i) the total amounts actually paid by You with respect to any services, features, or digital materials available through the Website, paid in the last six months prior to the date of the initial claim made by You against Us (but not including any amounts paid for products, events or beverages advertised or referenced on Our Website); or (ii) US $100.00.  Note that some jurisdictions do not allow limitations of liability or may place limitations on Our ability to limit Our liability to You, so the foregoing limitation may not apply to You.

 

You agree to indemnify, defend, and hold Us and Our representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from, or related to, (i) any breach by You of these Terms and Conditions, (ii) Your Submissions, (iii) Your Use of material or features available on the Website in an unauthorized manner, and/or (iv) a violation by You of any and all applicable laws, rules, or regulations.

 

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.  THE WEBSITE AND ALL MATERIAL ON THE WEBSITE ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF WEBSITE MATERIAL WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.  We are not liable for any damages, harm, or injury that relates to, arises out of, or results from the Use of, access to, or the inability to Use, the Website or any of the material on the Website, or any errors, or unauthorized access to Your personal information.  We are not responsible or liable for any infections or contamination of Your system, or delays, inaccuracies, errors, or omissions arising out of Your Use of the Website or with respect to any material contained on the Website.  The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any content or Your information rests with You.

 

GEOGRAPHIC RESTRICTIONS

 

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on your own initiative and are responsible for compliance with local laws.

 

COPYRIGHT POLICY

 

We respect the intellectual property rights of others and We ask that Users of the Website do the same.

 

If You believe that Your intellectual property is being Used on the Website in a way that constitutes copyright infringement, please provide Our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclUsive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that Use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclUsive right that is allegedly infringed.

 

The information specified above must be sent to Our Designated Agent, whose contact information is as follows:

 

CALL & JENSEN

610 NEWPORT CENTER DRIVE, SUITE 700

NEWPORT BEACH, CALIFORNIA 92660

Email: legal@lossundays.com

Attn: Scott Shaw

 

Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement.  Please do not make false claims.

 

Any information or correspondence that You provide to Us may be shared with third parties, including the person who provided Us with the allegedly infringing material.

 

Upon receipt of a bona fide infringement notification by the Designated Agent, it is Our policy to remove or disable access to the infringing material, notify the User who posted the material that the Company has removed or disabled access to the material, and, for repeat offenders, to terminate such User’s access to the service.

 

If You believe that Your content should not have been removed for alleged copyright infringement, You may send Our Designated Agent a written counter-notice with the following information:

  • Identification of the copyrighted work that was removed, and the location on the Website where it would have been found prior to its removal;
  • A statement, under penalty of perjury, that You have a good faith belief that the content was removed as a result of a mistake or misidentification; and
  • Your physical or electronic signature, together with Your contact information (address, telephone number and, if available, email address).

 

If a counter-notice is received by the Designated Agent, We may send a copy of the counter-notice to the original complaining party, informing that person that Company may replace the removed material or cease disabling it in 10 business days.  Unless the copyright owner files an action seeking a court order against the User, the removed material may be replaced or access to it restored in 10 to 14 bUsiness days or more after receipt of the counter-notice, at Company’s discretion.

 

REVISIONS TO THESE TERMS AND CONDITIONS

 

We reserve the right to change these Terms and Conditions at any time.  Please review the contents of these Terms and Conditions frequently, as the Company may amend them from time to time to reflect changes in its general rules and policies governing Your Use of the Website.  Amendments will become effective when posted on the Website.  The Company will not provide You with a notice of any change in these Terms and Conditions.  It is Your responsibility to monitor and review any updates to these Terms and Conditions.  Your continued Use of the Website, or online services provided by the Company, after such posting will be deemed Your acceptance of these changes to these Terms and Conditions.  

 

CONTACT INFORMATION

 

Should You have any questions or concerns about these Terms and Conditions, please email Us at hello@lossundays.com.

 

EFFECTIVE DATE OF TERMS AND CONDITIONS

 

These Terms and Conditions are effective and Were last updated on February 9, 2017.