TERMS AND CONDITIONS OF USE

Last Updated: 11/19/22

YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AND CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITE OR, IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE AND REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION.

All content, information, services, text, photographs, video, audio, graphics and software ordered or provided on or through the Website, including but not limited to Seller Content and Website Content (each defined below) (collectively, “Content”) may be used solely under the following Terms and Conditions of Use and all other terms and conditions or documents incorporated by reference herein, including, without limitation, Benscraftcocktails.com’s Privacy Policy (collectively, “Terms of Use”), which constitutes a legally binding agreement relating to the use of the Website and the services provided therein, including the Content, between Benscraftcocktails.com and each visitor or user of the Website including, without limitation, those who purchase products on the Website (each, a “Customer”) (collectively, “Users,” and each, a “User” or “you”).

By using the Website, you are deemed to have accepted, executed, and be bound by the terms of these Terms of Use. Benscraftcocktails.com may change or amend these Terms of Use at any time at its sole discretion. If Benscraftcocktails.com makes a material change or amendment to these Terms of Use, it will notify Users thereof by posting such changes or amendments on the Website, which changes or amendments will be effective automatically upon the posting thereof. You agree that all agreements, notices, disclosures, and other communications Benscraftcocktails.com provides to you electronically satisfy any legal requirement that such communications be in writing.

IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE WEBSITE OR THE CONTENT. YOUR CONTINUED USE OF THE WEBSITE OR THE CONTENT FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF USE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.

 

Website License

Benscraftcocktails.com hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable right and license to access and make personal use of the Website and Content.

Unless otherwise agreed to in writing with Benscraftcocktails.com, this License does not include any resale or commercial use of (i) the Website or Content, (ii) Seller Content that is not your own Seller Content, (iii) any Registration Data (defined below), (iv) any other content, materials, information, text, data, copyrights, designs, insignia, images, photos, articles, stories, artwork, videos, pictures, musical compositions, sound recordings, screenshots, chats, posts, graphics, identifying marks, Website pages, software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into the Website.

As between you and Benscraftcocktails.com, Benscraftcocktails.com retains all right, title, and interest in and to the Website and Content, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, and (iii) all other materials and content uploaded or incorporated into the Website.

Limitations on Website Use

While using the Website, a User may not:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Benscraftcocktails.com or other Users, or use information learned from the Website or Content to do the same;

  • Use the Website or Content for any purpose in violation of applicable local, state, federal, or international law or regulation;

  • Use or otherwise export or re-export the Website or any portion thereof, or the Content in violation of the export control laws and regulations of the United States;

  • Upload or transmit, or attempt to upload or transmit, through the Website any information or data that contain viruses, Trojan horses, corrupted files, malware, spyware, bugs, or any other similar software that may damage or infiltrate the operation of any other User’s computer;

  • Impersonate another Person or User or knowingly allow any other Person to use your identification or Account to utilize the Website;

  • Imply or state that any statements you make are endorsed by Benscraftcocktails.com or any other User, including any Platform Seller, without the prior written consent of Benscraftcocktails.com or such User;

  • Use a robot, spider, manual, and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the Website in any manner;

  • Hack or interfere with the Website, its servers, or any connected networks;• Adapt, alter, license, sublicense, or translate the Website or Content (except in the case of a Platform Seller and its own Content) for your own personal or commercial use;

  • Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website;

  • Remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by Benscraftcocktails.com or any third-party licensor/owner thereof;

  • Use the Website to collect Registration Data (defined below) of Users by electronic or other means;

  • Use the Website in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Benscraftcocktails.com or a Platform Seller’s trade secret information for public disclosure or other purposes;

  • Use, transfer, distribute, or dispose of Website, Website Content, or Seller Content in any manner that could compete with the business of Benscraftcocktails.com (except by Platform Sellers in the normal course of business, such as by operating their own e-commerce website) or, with respect to Seller Content, the applicable Platform Seller;

  • Circumvent, remove, alter, deactivate, degrade, or thwart any content protections in the Website; or

  • Cause or induce any Person to engage in the restricted activities above. The License granted to you terminates automatically upon any unauthorized use of the Website or Content and Benscraftcocktails.com may take appropriate investigative and legal action for any illegal or unauthorized use of the Website or Content.

Unlawful Activity; Termination of Website Access

Benscraftcocktails.com reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action it deems appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such Persons relating to Users’ email addresses, usage history, Content, IP addresses, and traffic information.

Benscraftcocktails.com further reserves the right, in its sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Website (either in whole or in part) at any time for any reason with any conditions, including, without limitation, if Benscraftcocktails.com believes in good faith that you have violated or acted inconsistently with these Terms of Use or any applicable law or that you have engaged in conduct that Benscraftcocktails.com determines, in its sole discretion, to be inappropriate or unacceptable. Benscraftcocktails.com may also terminate your access to the Website if you file any claim against Benscraftcocktails.com or file any claim that involves the Website.

You may terminate these Terms of Use at any time by ceasing all use of the Website and Content; provided, however, that all sections of these Terms of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.


User Accounts

In order to utilize certain full functionalities of the Website, each User may need to register and create an account on the Website (each, an “Account”). Customers agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Customers will be asked to submit certain information such as their name, email address, phone number, profile name, etc., and to create a login password (collectively, “Registration Data”). You agree that all Registration Data you provide to Benscraftcocktails.com will be and remain at all times true, accurate, current, and complete. Benscraftcocktails.com may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by Benscraftcocktails.com.


Merchandise and Sales Through the Website

In order to make a purchase on the Website, a Customer may be required to establish an Account. A Customer shall pay all fees and charges incurred through their Account at the prices advertised on the applicable listing(s) for the Merchandise. All fees and charges, including all applicable taxes, shall be billed to the Customer, and such Customer shall be solely responsible for payment for purchases made through their Account.

Order Fulfillment

The cost to ship Merchandise that a Customer purchases through the Website is calculated on a “per order,” “per item,” or “per pound” basis and is based on the shipping option the Customer selects at the time of purchase. Benscraftcocktails.com will ship the Merchandise to the address designated by the Customer so long as such address is complete and complies with the shipping restrictions contained on the Website. All transactions are made pursuant to a shipping contract and, as a result, risk of loss and title for the Merchandise passes to the Customer upon delivery of the Merchandise to the carrier.

Return Policy

If a Customer is not satisfied with their purchase from Benscraftcocktails.com due to damaged or defective product, the Customer may return such Merchandise for a refund of the purchase price of the Merchandise plus any applicable taxes to the Customer’s original form of payment so long as the Customer notifies Benscraftcocktails.com within seven (7) days of receipt of such Merchandise. Such notice shall include photographic evidence of the damage or defect in question. All Merchandise must be returned in its original, as-received condition; shrink-wrapped Merchandise must be unopened. Shipping fees will not be refunded. Customers will be required to arrange for and cover the costs of shipping returned Merchandise.

Special Promotions

Benscraftcocktails.com may from time to time provide certain promotional opportunities, discounts, and contests to users. All such promotions will be run at the sole discretion of Benscraftcocktails.com and can be activated, modified, or removed at any time by Benscraftcocktails.com without advance notification.


Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT BENSCRAFTCOCKTAILS.com IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF LIABILITY. THEREFORE, YOU AGREE NOT TO HOLD BENSCRAFTCOCKTAILS.com LIABLE FOR ANY SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “CLAIMS”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PERSON’S LOSSES (DEFINED BELOW), INCLUDING AS A RESULT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING, WITHOUT LIMITATION, STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY BENSCRAFTCOCKTAILS.com OR ITS AFFILIATES OR LICENSORS, AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL BENSCRAFTCOCKTAILS.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY OF THE RELEASED PARTIES IS LIABLE FOR ANY LOSSES, IN NO EVENT WILL SUCH PERSON’S AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

 

YOU AND BENSCRAFTCOCKTAILS.com AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR BENSCRAFTCOCKTAILS.com WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR BENSCRAFTCOCKTAILS.com ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND BENSCRAFTCOCKTAILS.com FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, BENSCRAFTCOCKTAILS.com, AND ALL OTHER PARTIES TO ANY SUCH PROCEEDING.


Indemnification

You hereby agree to indemnify, defend, and hold harmless BENSCRAFTCOCKTAILS.com from and against any and all losses, liabilities, damages, costs, or expenses (including attorneys’ fees and costs) (collectively, “Losses”) arising out of or in connection with any Claim brought by any Person based on (i) your use of, or inability to use, the Website; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Terms of Use; (iii) any Registration Data transmitted by you to Benscraftcocktails.com; (iv) Content posted by you onto the Website; (v) your violation of any applicable local, state, federal, or international law or regulation; or (v) your violation of any rights of any third-party Person, including, but not limited to, any intellectual property rights. Benscraftcocktails.com shall promptly notify you of any such Claim, and you shall assume control of the defense of such Claim upon Benscraftcocktails.com’s request. Benscraftcocktails.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any Claim without the written consent of Benscraftcocktails.com.

Benscraftcocktails.com does not represent or warrant that the Website or Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Benscraftcocktails.com does not warrant or represent that the Website or Content will be correct, accurate, timely, or otherwise reliable. Your access to the Website may be interfered with by numerous factors outside of Benscraftcocktails.com’s control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. Benscraftcocktails.com is not responsible for and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Website. In addition, perfect security does not exist on the Internet; Benscraftcocktails cannot and does not guarantee that any Registration Data or other personally identifiable information relating to you submitted to the Website will not become public under any circumstances.

Benscraftcocktails.com may in the future, at its sole discretion, update the Website to change the Website Content and/or features thereof at any time (an “Update”). Benscraftcocktails.com shall not be liable to any User in any way as a result of any temporary suspension of the Website or Content arising from or in connection with an Update. Furthermore, Benscraftcocktails.com is under no obligation to undergo an Update of the Website to the extent any Website Content, Seller Content, and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.


Privacy

Your privacy is very important to Benscraftcocktails.com. To understand Benscraftcocktails.com’s practices, please review the Privacy Policy, which is incorporated by reference into these Terms of Use and also governs your use of the Website. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.


Governing Law and Jurisdiction; Disputes

The Terms of Use are governed by and construed in accordance with the internal law of the State of Illinois without reference to its principles of conflicts of laws.

You agree that regardless of any statute or law to the contrary, any Claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.


Assignments

Benscraftcocktails.com may assign, subcontract, and/or otherwise transfer any or all of its rights and/or obligations under these Terms of Use to any Person. You may not transfer your rights or obligations under these Terms of Use to any other Person.


Waiver and Severability of Terms; Entire Agreement

Failure by Benscraftcocktails.com to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.


Contact

Questions or comments about the Website or Benscraftcocktails.com’s services or these Terms of Use should be sent by email to ben@benscraftcocktails.com