Terms and Conditions
Now for the legal stuff.
DEFINITIONS OF THE TERMS
The term TheFNDC (or us or we) refers to the owners of the website. The terms this/the site or this/the website refer to http://www.TheFNDC.com. The term you refers to a user or viewer of our website.
If and when you sign up for an account, you will receive a log-in and password. You are responsible for maintaining the confidentiality of your account and password, and are fully accountable for activities that occur under your account. You agree to notify THEFNDC of any unauthorized use of your account or any other breach of security.
Provided that you comply fully with everything outlined in this agreement, TheFNDC grants you a non-exclusive, non-transferable, limited right to access, use and display this website and its material for personal and noncommercial purposes.
You agree that you will only use the site and in ways that comply with all applicable laws in the regions and jurisdictions where you use it.
You agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and quickly update your personal contact information to keep it current and complete.
CHANGES TO SERVICE
This website’s content is for your general information and use, and is subject to change without notice.
COPYRIGHT AND TRADEMARKS
This website contains material which is owned by or licensed to us. This material includes (but is not limited to) the design, layout, look, appearance, content, photos, and graphics. Other than in accordance with the copyright notice, which forms part of these terms and conditions, you may not reproduce any part of this website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
NON-COMMERCIAL USE BY MEMBERS
This site is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized uses of the site (including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the site) will be investigated, and appropriate legal action will be taken.
This website includes links to other websites. These links are provided for your convenience to give you more information. They do not mean that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You agree that TheFNDC may, with or without cause, immediately terminate your account and access to TheFNDC without prior notice. Without limiting the foregoing, the following will lead to a termination by TheFNDC of a user’s use of TheFNDC (a) breaches or violations of this Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems. Termination of your TheFNDC account includes removal of access to all offerings within TheFNDC and may also bar you from further use of the TheFNDC. Furthermore, you agree that all terminations shall be made in TheFNDC sole discretion and that TheFNDC shall not be liable to you nor any third-party for any termination of your account or access to TheFNDC.
You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant all of the license rights granted herein; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business: (iv) impersonate another person.
To clarify: You retain ownership of all original user submitted content, with the exceptions of bar and ingredient descriptions. However, by submitting content to TheFNDC, you grant TheFNDC a worldwide, non-exclusive, royalty-free, sub-licensed and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user submitted content in connection with the TheFNDC website and TheFNDC, the Drinks With Diablo show (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the TheFNDC website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the TheFNDC and the Drinks With Diablo show a non-exclusive license to access your user submitted content through the website(s), and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the website and under these Terms of Service. You understand and agree, however, that TheFNDC may retain, but not display, distribute, or perform, server copies of user submitted content that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.
You agree that TheFNDC owns all bar and ingredient information, such as ingredient-related content taken directly from a manufacturer’s website.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States and California.
You must be 21 (twenty-one) or older to register as a member of TheFNDC.
Thank you for reading our Terms of Service.
YOU AGREE THAT YOUR USE OF THEFNDC WEBSITE OR THE DRINKS WITH DIABLO VIDEOS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THEFNDC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THEFNDC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THEFNDC WEBSITE. THEFNDC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE THEFNDC WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THEFNDC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THEFNDC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THEFNDC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THEFNDC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.