Terms of Service

LICENSE
1.1. AGREEMENT TO TERMS
This Terms of Service Agreement ("Terms") is a legally binding contract between you and Cocktail Expert (hereinafter "CE" or "us" or "we"), and governs your use of CE’s website(s) ("Sites"), mobile applications ("Apps"), content, official social media pages, and products (collectively, our "Services").
BY USING THIS SITE AND ANY OF OUR SERVICES, YOU AGREE TO THESE TERMS. YOU ALSO AGREE TO CE’S PRIVACY POLICY WHICH IS AVAILABLE HERE AND INCORPORATED INTO THESE TERMS HERE BY REFERENCE. IF YOU ARE OUTSIDE OF THE UNITED STATES, YOU CONSENT TO LETTING CE TRANSFER, STORE AND PROCESS YOUR INFORMATION (INCLUDING YOUR PERSONAL INFORMATION) IN THE UNITED STATES. IF YOU DON’T AGREE TO THE TERMS, YOU CAN’T USE ANY OF OUR SERVICES AND ARE PROHIBITED FROM FURTHER ACCESS.
End users of our Apps are also subject to CE’s End User License Agreement or EULA available here. Additional posted guidelines and conditions of use ("Conditions") may be applicable to products or specific areas of the Services.
Important Notice: These Terms require the use of arbitration (Section 8 below) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1.2. UPDATES TO OUR TERMS, POLICIES OR CONDITIONS.
We can change these Terms, including our Privacy Policy and any Conditions, at any time. If a change is material, we’ll let you know by posting the amended Terms, Privacy Policy, or any Conditions on or within the Services, such as this page. It is your responsibility to periodically check the Terms of Service and Privacy Policy areas for changes. By using any of the Services on or after the Effective Date, as listed above, you agree to the updated Terms.
1.3. ADULTS ONLY.
Our Services are for adults only and are not directed to children or adults under the age of 21. You must be 21 years of age or older to use, or purchase our Services. By using our Services, you affirm and represent that you are over 21. By using our Services, you represent and warrant that all information you submit is truthful and accurate. CE does not knowingly collect personal information from anyone under 21. If we learn that someone under 21 is using our Services, we will terminate their account and data associated with that account.
1.4. LIMITED LICENSE TO USE THE SERVICES.
Subject to these Terms, CE grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations described in detail in these Terms to use the Services solely for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
1.5. THIRD PARTY SERVICES
If you use our Apps or Services on or through a third party service, you will be required to agree to and comply with their separate terms and conditions. You are responsible for full compliance and for fees that you incur when accessing the Services through third party services.
1.6. ACCOUNTS, USERNAMES, AND YOUR SECURITY RESPONSIBILITIES
You may be asked provide CE with certain personal information to establish an Account, which may include your name, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with CE's Privacy Policy. You agree that you will supply accurate and complete information to CE, and that you will update that information promptly after it changes. By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF CE. GENERALLY, ACCOUNTS CREATED WITH CE WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
As part of the registration process you may be CE required to select a username and password. You agree that your username and password is personal to you and should not be used to provide access to the Services to any other person or entity. You will be responsible for all activities occurring under your username and for keeping your password secure. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your password, you must immediately notify CE and modify your password Information;
We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. CE reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights or is deemed by us to be offensive.
1.7. ACCESS RULES AND RESTRICTIONS
To ensure that everyone can enjoy the Services, we list a number of rules and restrictions that apply to your use of the Services and are a condition of your Limited License grant, including the following:
You must be 21 or over to use the Services.
You must restrict access to any account by children or adults under the age of 21. You accept responsibility for any unauthorized use of the Services by minors in connection with your Account and are fully responsible for any use of your credit card or other payment instrument (e.g. Apple App Store, PayPal and Facebook Credits) by minors;
You shall not create an account using a false identity or information, or on behalf of someone other than yourself;
You shall not use the Services if you have previously been removed by CE or previously been banned from the CE website;
You shall use the Services only for non-commercial purposes;
You shall not use the Services or your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
You shall not use the Services or your Account to engage in any illegal conduct;
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF OUR WEBSITE, SOCIAL MEDIA, CARDS, CARD DECKS IS A VIOLATION OF CE POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
a. Engage in any act that CE deems to be in conflict with the spirit or intent of the Services, or policies;
b. Make improper use of CE’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
c. Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;

UNAUTHORIZED USE OR CONNECTION TO THE SERVICE
You agree that you will not, under any circumstances:
d. Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms;
e. Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Services or that is in transit from or to the Services. CE may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
f. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
g. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
h. Bypass any robot exclusion headers or other measures we employ to restrict access to the Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Services, or harvest or manipulate data;
i. Use, facilitate, create, or maintain any unauthorized connection to the Services, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services; or (2) any connection using programs, tools, or software not expressly approved by CE;
j. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by CE.
COLLECTION AND PUBLICATION OF PERSONAL INFORMATION
You agree that you will not, under any circumstances:
k. Solicit or attempt to solicit personal information from other users of the Services; Collect, harvest or post anyone’s private information, including personally information (whether in text, image or video form), identification documents, or financial information through the Service; or
l. Upload or transmit or attempt to upload or transmit, without CE’s express permission, any material that acts as a passive or active information collection or transmission mechanism.
Without limiting the generality of the foregoing rules and restrictions, CE reserves the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, edit or remove any material, content or service area for any reason;
Deactivate or delete your account(s) and all related information and files in your account(s);
Establish general practices and limits concerning use of our sites and Services.
You agree that CE will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements and administrative messages from us or from our partners, and that these are considered part of the Services. The above is not a complete list of restricted prohibited uses of the Service. Our Services are subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.
1.8. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE
WITHOUT LIMITING ANY OTHER REMEDIES, CE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR CE SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND CE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
1.9. OWNERSHIP
1.9.1. SERVICES AND ALL CONTENT CONTAINED THEREIN
The Services (including without limitation any artwork, content, apps, titles, computer code, themes, objects, packaging, design, catch phrases, concepts, methods of operation, moral rights, documentation, are protected by trademark, copyright or other proprietary rights of CE. CE reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services.
To the extent that you provide us with any suggestions, feedback or other information relating to our business or the Services (including, but not limited to, suggested new products or services or improvements to existing products and services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to CE a non-exclusive, worldwide, perpetual, royalty-free, fully transferable and sublicensable right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information.
2.0. DISCLOSURE
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce these Terms; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
2.1. FEES AND PURCHASE TERMS
2.2. PAYMENT OF FEES
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. CE may revise the pricing for the goods and services it licenses to you through the Services at any time. YOU ACKNOWLEDGE THAT CE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
2.3. THIRD PARTY ADVERTISING, LINKS, ENDORSEMENTS, SITES
2.4. THIRD PARTY ADVERTISEMENTS
You understand that the Services and CE's website may feature advertisements from CE or third parties. CEs disclosure of information for third party advertising is addressed in CE’s Privacy Policy.
2.5. COPYRIGHT NOTICES/COMPLAINTS
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is CE's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").
If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the CE Services in a way that may constitute copyright infringement, you may provide notice of your claim to CE at the address listed below. For your notice to be effective, it must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located;
Information reasonably sufficient to permit CE to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
A statement by you that you have a good-faith belief that the disputed use 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send all copyright claim notices to: Cocktail Expert, LLC, Attn: DMCA Agent, Cocktail Expert, LLC P.O. Box 255 Vidalia, LA 71373; contact@cocktailexpert.com.
If your user content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, you must provide us with a written communication sent to CE at the address indicated above setting forth the following items:
An identification of the URLs or other unique identifying information or material that CE has removed or to which CE has disabled access;
Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and use East Baton Rouge Parish, Louisiana, USA, if your address is outside of the United States), and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person;
A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your physical or electronic signature.
CE reserves the right to terminate without notice any user's access to the Services if that user is determined by CE, in its sole discretion, to be a "repeat infringer." In addition, CE accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
7. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
7.1. DISCLAIMER OF WARRANTIES
CE PROVIDES YOU THESE SERVICES TO YOU ON AN AS IS AND AS AVAILABLE BASES. YOU USE THE SERVICES AT YOUR OWN RISK AND DISCRETION.
THE SERVICES DON’T COME WITH ANY WARRANTY - EITHER EXPRESS OR IMPLIED, INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE OR NON-INFRINGEMENT; PROVIDED THAT, TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER CE NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "CE PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
7.2. WAIVERS AND LIMITATIONS OF LIABILITY
CE WON'T BE LIABLE TO YOU FOR ANY DAMAGES THAT ARISE FROM YOUR USE OF THE SERVICES. THIS INCLUDES IF THE SERVICES ARE UNAVAILABLE AND ALL TYPES OF DAMAGES (INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY). IT ALSO INCLUDES ALL KINDS OF LEGAL CLAIMS, SUCH AS BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR ANY OTHER TYPE OF LOSS.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE CE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE CE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF CE.
7.3. INDEMNIFICATION
You agree to indemnify, save, and hold CE, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. CE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CE, and you agree to cooperate with CE’s defense of these claims. CE will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of your use of the Services.
8. DISPUTE RESOLUTION
8.1. ARBITRATION
If a dispute arises between you and CE, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, we strongly encourage you to first contact us directly to seek an informal resolution through our customer support team. If any dispute cannot be settled informally, you and CE agree to resolve any claim or controversy at law or equity relating to this Agreement or the Services (a "Claim") through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
8.2. CHOICE OF LAW AND JURISDICTION
These Terms are governed by Louisiana law, without reference to its conflict of laws provisions. You agree to submit to the personal jurisdiction of East Baton Rouge Parish in connection with any dispute or arbitrator’s judgment.
8.3. IMPROPERLY FILED CLAIMS
All claims you bring against CE must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Sections 8.1 or 8.2 shall be considered improperly filed. Should you file a claim contrary to Sections 8.1 or 8.2, CE shall be entitled to recover attorneys' fees and costs up to $5,000, provided that CE has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
9. SEVERABILITY
If any provision of these Terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
10. GENERAL PROVISIONS
In this agreement, "CE" means Cocktail Expert, LLC , located at P.O. Box 255 Vidalia, LA 71373. "CE" includes Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
10.1. ASSIGNMENT
CE may assign or delegate these Terms and/or the CE Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without CE’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
10.2. SUPPLEMENTAL TERMS AND POLICIES
CE may publish additional terms policies related to specific services, such as the EULA governing the applications for mobile devices. Your right to use such services is subject to those specific policies and these Terms.
10.3. ENTIRE AGREEMENT
These Terms (including any documents expressly incorporated by reference into them such as CE’S Privacy Policy), contain the whole agreement between CE and you.
10.4. LANGUAGE OF THE TERMS OF SERVICE
If we provide you with a translation of the English language version of these Terms, the CE Privacy Policy, the EULA or any other policy (collectively "CE Policies"), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the CE Policies.
In the event of a conflict between a translation of the CE Policies and the English version, the English version of the CE Policies will control.
10.5. NO WAIVER
If CE doesn’t exercise a particular right under these Terms, that doesn’t waive it. No representations, statements, consents, waivers, or other acts or omissions by CE shall be deemed a modification of these Terms nor be legally binding.
10.6. NOTICES
We may notify you via postings on www.cocktailexpert.com, and via e-mail or any other communications means to contact information you provide to us. If you are a user in the United States, all notices given by you or required from you under these Terms or the CE Privacy Policy shall be in writing and addressed to: Cocktail Expert, LLC P.O. Box 255 Vidalia, LA 71373. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.7. EQUITABLE REMEDIES
Notwithstanding the binding arbitration provisions hereof and any contrary provisions herein, CE has the following equitable rights and remedies.
You acknowledge that the rights granted and obligations made under these Terms to CE are of a unique and irreplaceable nature, the loss of which shall irreparably harm CE and which cannot be replaced by monetary damages alone. Accordingly, CE shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any CE product, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any).
10.8. FORCE MAJEURE
CE shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of CE, including without limitation any failure to perform here under due to unforeseen circumstances or cause beyond CE’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
10.9. CONTACT INFO:
Questions? Let us know by sending email to contact@cocktailexpert.com. or correspondence to Cocktail Expert, LLC P.O. Box 255 Vidalia, LA 71373