Terms & Conditions
B. You may use this website only if you are of legal age to purchase alcohol in your country of residence and in the country where you are accessing the website.
C. This website and all content, information and materials (“Content”) on this website are protected by copyright and other law and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the copyright owner. Content on this site is provided for lawful purposes only. D. Agavero and other associated trademarks and logos are owned in the United States by AGAVERA CAMICHINES, S.A. DE C.V.
E. This website may contain discussion groups, news groups, bulletin boards, chat rooms and other interactive services (collectively, “Message Boards”). Your use of Message Boards is at your own risk. We reserve the right, but not the obligation, to monitor our Message Boards and to remove or alter any content which, in our sole discretion, constitutes a misuse. We are not responsible for maintaining your postings and we may delete or destroy them at any time. By posting, you represent and warrant that your postings are original, noninfringing, non-defamatory or otherwise unlawful and you grant Proximo Spirits a perpetual, irrevocable, royalty-free, non-exclusive, transferable right and license to your posts to the full extent allowed by the U.S. Copyright law.
F. Proximo Spirits is not liable for any damages, harm, or injury that relate to, arise out of, or result from the use of, or access to, or the inability to use, any of the material on this site. The materials on this site are provided “as is” and without warranties of any kind, express or implied.
G. You shall not engage in: any manual or automatic harvesting of Content or information; any attempt to obtain unauthorized access to computer systems, materials or information through any means; any use the website in an unauthorized, malicious or unlawful manner; any use the website in violation of our or any third party’s intellectual property or other proprietary or legal rights; or any attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the website.
H. We may restrict, suspend or terminate your access to this website at any time if we believe that you have breached these Terms and Conditions. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms and Conditions. Any misuse of the Message Boards or any other part of the website constitutes a breach of these Terms and Conditions.
I. You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (each, a “Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We may assume exclusive defense, at our cost, against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
J. These Terms and Conditions are subject to the laws of the State of New York applicable to agreement executed and performed wholly within the State of New York. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the New York County, New York; you agree not to object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.
K. We respect the intellectual property rights of others, and require that the people who use the website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Agent named below: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of the alleged infringing activity and the URL where the alleged infringing material is located; (c) a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; (d) information sufficient to allow us to contact you (e.g., address, telephone number or email address), (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) 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.
Copyright Agent: Abelman, Frayne & Schwab, 666 Third Avenue, New York, NY 10017, 212-949-9022, [email protected]