TERMS AND CONDITIONS

Welcome to doncuata.com brought to you by Tequila Don Cuata (“We” or “Us”).

Any use by you of the website doncuata.com (the “Site”) is conditional upon your acceptance of these Website Terms & Conditions of Use, including our Privacy and Cookie Notice (collectively, “Terms & Conditions”).

This Site is intended for your use only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or access, and you should leave the Site immediately.

We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility to review this page periodically for updates, which shall come into effect when posted. Your continued use of the Site constitutes acceptance of these Terms & Conditions. We reserve the right to change, modify, suspend, or discontinue any portion, features, or content of the Site at any time. We also may impose limits on certain features or restrict your access to parts of or the entire Site without notice or liability.

You may restrict access to this site using content filtering software or by changing your computer settings (e.g. browser or operating system), as appropriate.

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

Material on this website is 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.

 

1. Rights – All rights in all material and content (including, but not limited to, text, images, web pages, sounds, software (including code, interface, and website structure), and video, and the look and feel, design, and compilation thereof) on the Site are owned or licensed by us. You agree that you are permitted to use this material and/or content only as set forth in and to the extent permitted by these Terms & Conditions.

2. Intellectual Property – Unless otherwise indicated, we are the owner and/or authorized user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) appearing on or contained within the Site. Except as provided in these Terms & Conditions, your use of the Site does not grant you any right, title, interest, or license to any such Intellectual Property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the Intellectual Property is prohibited.

3. Restrictions on Use – Except as expressly authorized by law, by us, or by the applicable licensor in writing, you are not entitled to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, or otherwise make available to any person, or to create derivative works of, any or all of the materials or content available on the Site, or to use it for commercial purposes

4. Terms of Use and Acceptable Usage Policy Relating To Public Forums The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of Linked Content from Interfacing Sites (as described in Section 5 below) (collectively, “Public Forums”), which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings (“Postings”). We may or may not actively monitor Postings on Public Forums. Similarly, we may or may not exercise editorial control over Postings on any Public Forum. You may be exposed to content on Public Forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. Your use of Public Forums is at your own risk.

We reserve the right, but are not obliged, to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site where, in our sole discretion, we believe that there may have been such a misuse.

 

Any Postings 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 Postings 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.

You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in your Postings have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Postings (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed for any editorial, commercial, non-commercial, promotional, or other purpose.

We are not responsible for maintaining your Postings and we may delete or destroy them at any time.

CONTENT, INFORMATION, AND MATERIALS POSTED BY USERS TO PUBLIC FORUMS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH PUBLIC FORUMS. The opinions expressed in Public Forums are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, or other content or materials on Public Forums. You release us from all claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.

5. Interfacing Sites – You acknowledge and agree that we have no responsibility for the content (“Linked Content”) hosted by unaffiliated websites (“Interfacing Sites”) to which you or we may link from the Site, or otherwise display on the Site via an application programming interface or other method.

We do not host or store Linked Content. The display of Linked Content or the provision of links to Interfacing Sites does not constitute an endorsement by or association with us of such Linked Content, Interfacing Sites, or products, advertising, or other materials presented on such sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on such Interfacing Sites, or for any action taken by Interfacing Sites.

We reserve the right to remove Linked Content from our Site or Interfacing Sites, to the extent we have such control, at any time, and for any reason, including violation of these Terms & Conditions or the applicable terms of use on the Interfacing Site.

 

In addition to these Terms & Conditions, the Linked Content that is displayed on our Site, including your rights relating thereto, are subject to the applicable terms of use as set forth by the Interfacing Website.

6. Materials submitted by you – Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site or any of its services, by email or in any other way. Any information or material you submit that has not expressly been requested by us will be deemed not to be confidential, secret, or proprietary. You agree that any information or materials you submit to the Site, whether ideas, creative concepts or other materials, in any format (including, but not limited to, writings, images, illustrations, audio recordings, and video recordings), may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be waived or excluded.

 

7. NO WARRANTIES – THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED, OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORISED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS AND SHALL BE TO DISCONTINUE USING THE SITE.

8. THIRD PARTY GOODS AND SERVICES – WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES, AND OTHER ORGANISATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.

9. Your responsibility – You should always verify any information set forth on the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.

In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent for such disclosure and that the third party has been informed of, and agrees to, our Privacy and Cookie Notice and any uses we may make of such information.

10. NO LIABILITY – TO THE FULLEST EXTENT PERMITTED BY LAW WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, REGARDLESS OF WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE, AND REGARDLESS OF WHETHER WE ARE OR HAVE BEEN EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US).

11. User Information – In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Privacy and Cookie Notice. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

12. Indemnity – You hereby indemnify us and our officers, directors, agents, employees, and representatives against any loss, damage, or cost arising out of your use of the Site, any of its services, or any information accessible over or through the Site, including information obtained from Interfacing Sites, your submission or transmission of information or material on or through the Site or Interfacing Sites, or your violation of these Terms & Conditions, the terms of use of Interfacing Sites, or any other laws, regulations, and rules. You also hereby indemnify us and our officers, directors, agents, employees, and representatives against any claims that any information or material you have submitted or will submit to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement or violation of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in any such defenses.

13. Restriction, Suspension and Termination – We may restrict, suspend, or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at any time if we believe that you have breached these Terms & Conditions. Any such restriction, suspension, or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these Terms & Conditions.

14. Entire Agreement – These Terms & Conditions, including our Privacy Statement, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements, and understandings of any sort whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software, and you agree to abide by the terms and conditions of any such license agreements. Our failure to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. We may, at our option, cede, assign, or otherwise transfer any or all of our rights and obligations under the Terms & Conditions to any third party or parties at any time.

15. 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 us through our contact form or provided email: A description of the copyrighted work that you claim has been infringed; A description of the alleged infringing activity and where the alleged infringing material is located; 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; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.

Contact: info@doncuata.com

PRIVACY AND COOKIES NOTICE

Tequila Don Cuatais committed to protecting your privacy and personal information. We provide this notice to explain the type of information we collect on the www.doncuata.com website and how that information is used.

When visiting our site, we may ask you questions on an aggregate basis (we don't identify you personally with the information) and such questions will be identified on the website. In all other instances, you should assume that we will track any information you provide on a personally identifiable basis.

We use return email addresses to answer the email that we receive, and we may use such email addresses to send you other information.

In addition to information that you provide us voluntarily, We may collect aggregate information in the form of IP addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers, the computers that "serve up" Web pages, automatically identify your computer by its IP address. When you request a page from this website, our servers log your IP address. We do not link IP addresses to anything personally identifiable, so although your session will be logged, you will remain anonymous to us.

Cookies are files or pieces of information that may be stored in your computer's hard drive when you visit a Web site. Cookies may also be used to help speed up your future activities or to improve your user experience by remembering the information that you have already provided to us. We do not use cookies to retrieve information from your computer that was not voluntarily provided by you. The use of cookies is an industry standard.

We may use information collected from you in the following ways:

We may use information for internal marketing analysis, for example, to assess trends amongst our consumers or to measure the amount of traffic to our websites. We may also share non-personal information with others, such as advertisers, in aggregate anonymous form, which means that the information will not contain any personally identifiable information about you.

We may arrange for selected organizations to send you marketing and promotional information that may be of interest to you. In such circumstances your personal information may be disclosed to these organizations who will agree to be bound by the terms of this privacy statement. We will obtain your permission before we send you any such communications.

Information that you post on or through the public areas of our website (e.g., chat rooms, bulletin boards and discussion groups) are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. Users of the website are encouraged to exercise caution when providing personal information about themselves in public or interactive areas.

In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including without limitation, personally identifiable information that you provide and other information concerning your relationship with us.

We may transfer your personal information to third parties under confidentiality obligations when the performance of any service in relation to the activities above is sub-contracted (e.g. the administration of a marketing campaign).

We may disclose your personal information if permitted by law or required to do so by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our customers or users of the website.

We take reasonable precautions to keep your personal information secure. We have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and us, or information stored on our servers, will be free from unauthorized access by third parties.

The website may contain links or references to other websites outside of our control. Please be aware that we have no control over these sites and our privacy statement does not apply to these sites. We encourage you to read the privacy statements and terms and conditions of linked or referenced sites you enter.

You may request we provide you the information we hold about you, update your information or ask us to remove your information or correct any inaccuracies in such personal data. We will use reasonable efforts to deal with your request within a reasonable time.

By using this Web site, you signify your assent to the Terms and Conditions and this Privacy Policy. If you do not agree with any term in the Terms and Conditions or this Privacy Policy, please do not use this site or submit any personally identifiable information.

Should you have any questions or concerns about the Terms and Conditions or this Privacy Policy or the collection of information, please e-mail us at info@doncuata.com. If you wish to request us to provide you the information we hold about, update that information or correct any information, please contact us at info@doncuata.com.

We may revise this privacy statement from time to time. We recommend that you regularly check this page to ensure that you have read the most recent version.

Please note: The laws and regulations in different countries impose different (and even conflicting) requirements on the Internet and data protection. We are located in Mexico, as are the servers which make this site available worldwide. All matters relating to this site are governed by the laws of Mexico city, in Mexico. Please note that any information you provide will be transferred to Mexico and by submitting the information you authorize this transfer.

Tequila Don Cuata® 2013


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