Terms of Use

Welcome to our web site www.elbuhomezcal.com (the “Site”). This Site is administered by Henry Steele Imports (“HSI”) in Brooklyn, New York, USA. This page details the Terms of Use Policy (“Terms of Use”) and is intended to inform you of the ways in which you can use of this site and the mobile site. The Site is maintained by HSI for the personal use of persons who are lawfully permitted to purchase and consume alcoholic beverages in their respective countries. By using this Site you indicate that you accept these Terms of Use and agree to abide by them. If you are not of legal age to consume alcoholic beverages in your respective country or territory please exit our Site immediately.

Access

Access to our Site is permitted on a temporary basis to users. We reserve the right to withdraw, amend, suspend or terminate indefinitely the services we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your Internet connection are aware of these terms, and that they comply with them.

You will not download (other than page caching) or modify the Site, or any portion of it, except with express written consent of HSI. Use of the Site does not include any resale or commercial use of this Site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HSI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, form or resemblance to the Site) of elbuhomezcal.com, and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing elbuhomezcal.com, name or trademarks without the express written consent of HSI.

You may not use any elbuhomezcal.com, logo or other proprietary graphic or trademark without express written permission from HSI.

Intellectual Property Rights

All intellectual property and database rights, in our Site and in the materials published on it, including but not limited to trademarks, designs, download able content, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure), collectively the “Materials”, are owned by HSI. The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on our Site.

You may not modify paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, images, video or audio sequences or any graphics separately from any accompanying text or proprietary notice. All other copying (whether in electronic, hard copy or other format) reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of our Site or the Materials on our Site is prohibited and may breach intellectual property laws and other laws worldwide. The status of HSI and any identified contributors as the holders of rights in the Materials published on our Site must always be acknowledged. You must not use any part of the Materials on our Site without first getting express written consent from HSI. If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made.

Acceptable Conduct of Use

You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site.

You may not use our Site:

In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting to harm minors in any way.

To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our Content Standards below.

To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”).

Updates

We aim to update our Site regularly, and may change the content at any time. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

We may revise these terms of use at any time by amending this page. Each time you use this Site, the current version of the Terms and Conditions will apply. Accordingly, whenever you use the Site, you should check for the latest version of the Terms and Conditions.

Liability

The material displayed on our Site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law, HSI hereby expressly exclude and disclaim: (Because some jurisdictions do not allow the exclusion or limitation of liability or damages, HSI’s liability in such jurisdictions shall be limited to the fullest extent permitted by law.)

All conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose and other terms which might otherwise be implied by statute or common law.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Information about you and your visits to our site and events

Your privacy is important to us. We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
HSI may organize events where you live. We reserve the right to collect still and moving images at those events and to publish them on this Site and other websites operated by us for information purposes about our brands’ marketing activities. By accepting to be our guest at any such event, you also consent to being photographed and filmed during your attendance and grant us the right to publish your images on this Site and other websites for editorial purposes throughout the world in perpetuity without limitations and without any compensation. If your image is published on this Site or any of our websites and you disagree with its use, please ask us to remove it by writing info@elbuhomezcal.com.

Malicious Code, Hacking and Other Offences

You must not misuse our Site by knowingly introducing any Malicious Code. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

We will report any such activity by you to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

Links to Site

You must not establish a link from any website to any page in our Site or frame our Site on any other site unless otherwise expressly authorized in writing by HSI. You may not suggest any form of association, approval or endorsement of any website on our part.
If you wish to make any use of Material on our Site other than that set out above, please email us at info@elbuhomezcal.com.

Links from our Site

Except as otherwise expressly stated by HSI on the Site, HSI is not affiliated or associated with operators of any third party websites that link to or are linked from the Site. HSI expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Site. Third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card or other payment card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.

Indemnity

You will indemnify HSI against any loss, damage or costs arising out of your use of our Site, any of its services or any information accessible over or through our Site, including information obtained from linked sites, our submission or transmission of information or material on or through our Site or your violation of these terms of use or any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted 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 and infringement of any intellectual property right). We reserve the right exclusively to defend and control any claims arising from the above and you will fully cooperate with us in any such defenses.

Jurisdiction and Applicable Law

If you are located in the U.S., these terms are governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and any dispute arising out of or relating to these Terms and Conditions or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within the county of New York in the State of New York, and you hereby submit to the personal jurisdiction of such courts.

If you are located anywhere except the United States of America (“U.S.”), then (i) these terms are governed by U.S. law; and (ii) the U.S. courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country and (iii) these Terms and Conditions are governed by the U.S.

Copyright Content and Promotions

HSI provides users of the Site with access to content and services related to the Company’s products and concerning alcoholic beverages generally, including without limitation: (a) content such as but not limited to information, drink recipes, food recipes, audio and video clips, photographs, graphics, images, text, data, event information, downloadable product information, links to third party websites, user comments, commentary, articles, opinions, postings and messages. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HSI protected by international copyright laws. The compilation of all content on this site is the exclusive property of HSI, with copyright authorship for this collection by elbuhomezcal.com, and protected by international copyright laws.

Any prize draws, contests, or similar promotions made available through this Site or affiliated sites 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, which may vary from the terms and conditions set forth herein. HSI 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 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 apply.

Trade Marks

HSI’s trademarks may not be used in connection with any product or service that is not elbuhomezcal.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits El Buho Mezcal. All other trademarks not owned by HSI are the property of their respective owners.

Emails and Other Content

Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an identity or other content. HSI reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant elbuhomezcal.com, and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

When you submit or make available any information, photographs or any type of materials and images through the Website (“Submissions”), you acknowledge and agree that those Submissions will be nonproprietary and nonconfidential, may be made available to the general public, and may be used by Company without restriction. You grant to HSI the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sub-licensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission and that your provision of Submissions through the Profiles, Forums or otherwise through the Website complies with all applicable laws, rules and regulations. You further irrevocably waive any ‘moral rights’ or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of these Terms of Use for any reason.

Entire Agreement

These terms of use, including our Privacy Policy and Cookie Policy constitute the entire agreement between you and us in relation to your use of our Site. If any provision of these terms of use is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in this Terms of Use.

QUESTIONS: Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the side menu. Or you can email us at: info@elbuhomezcal.com.

Mailing address for hard copy mail:

Henry Steele Imports dba El Buho Mezcal
146 West 29th St.
Suite 11RW
New York, NY 10001

© 2019 Henry Steele Imports. All Rights Reserved.