Welcome to the Clique Vodka website!
This Clique Vodka website, mobile device software application, all of its characters, its content and the designs are owned by Clique Vodka, LLC (hereinafter “Clique Vodka”), a Pennsylvania limited liability company based in Pittsburgh, Pennsylvania, USA. For convenience, throughout these Terms and Conditions of Use (hereinafter “Terms and Conditions”) material, we will refer to Clique Vodka, LLC, its successors and assigns as “Us” or “We” or “Our,” and will refer to You as “You” or “Your” or “Yours.” Clique Vodka is a division of Premier Innovations Group, Inc. (“Premier”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ENTERING OR USING THE CLIQUE VODKA WEBSITE OR MOBILE DEVICE SOFTWARE APPLICATION (hereinafter collectively the “Site”) AND BEFORE YOU CONDUCT ANY ACTIVITY ON OUR SITE WHICH MAY INVOLVE THE USE OF OUR SITE AND SERVICES (hereinafter the “Service” or the “Services”). YOU MAY ALSO BE REQUIRED TO CREATE AN ACCOUNT OR REGISTER ON THE SERVICE (hereinafter your “Account”) PRIOR TO USING THE SERVICE.
IN THIS AGREEMENT (hereinafter the “AGREEMENT”), CLIQUE VODKA, ITS SUCCESSORS AND ASSIGNS WILL BE REFERRED TO AS “US” OR “WE” OR “OUR,” AND YOU ARE REFERRED TO HEREIN AS “YOU” or “YOUR.”
BY CLICKING THE “I AGREE” BUTTON AT THE END OF THIS PAGE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT SUBMIT INFORMATION FOR INCLUSION ON OUR SITE AND PLEASE DO NOT ACCESS INFORMATION ON OUR SITE.
THE LAST MODIFICATION OR UPDATE OF OUR TERMS AND CONDITIONS WAS UPLOADED TO THE SITE ON APRIL 11, 2013.
RIGHT TO USE
Subject to YOUR selecting “I AGREE” at the end of this document, and, based upon YOUR voluntary compliance with these Terms of Service, Clique Vodka grants to YOU a non-exclusive, revocable, non-transferable limited license to use the Service solely for non-commercial purposes. YOUR license requires YOU to agree that YOU will not use the Site for any other purpose, legal or otherwise.
YOU must be at least TWENTY-ONE (21) years of age to use our Site. Our site is made for use by persons over the age of TWENTY-ONE (21) years of age. We reserve the right to terminate any account where any information is collected from persons under the age of TWENTY-ONE (21).
YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF TWENTY- ONE (21) YEARS AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
YOUR right to use this Site requires that YOU use common sense and caution with every dealing.
YOU must provide all necessary equipment, bandwidth, computer programs, power and any other device or software necessary to connect to the Internet, to Our Site and to interpret and display the images Our Site transmits to YOU via the Internet. YOU are responsible for any internet connection fees, mobile fees or other fees that YOU incur when accessing the Site or Service.
THE CLIQUE VODKA WEBSITE IS INTENDED FOR YOUR GENERAL INFORMATION AND USE ONLY. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS. NO ONE UNDER THE AGE OF TWENTY-ONE (21) MAY USE THE CLIQUE VODKA SITE.
Notice: CLIQUE VODKA DOES NOT INDIVIDUALLY SCREEN NOR OTHERWISE PERFORM ANY DILIGENCE OR BACKGROUND CHECK ON ANY USER PRIOR TO THAT USER JOINING THIS SITE. BY USING THIS SITE, YOU ARE ACKNOWLEDGING THAT YOU ARE OVER THE AGE OF TWENTY- ONE (21), YOU UNDERSTAND AND HAVE READ THIS NOTICE AND POLICY, AND YOU ACKNOWLEDGE THAT MEETING PERSONS FROM CONTACT VIA THE INTERNET AND THIS SITE REQUIRES CERTAIN PRECAUTIONS AND DILIGENCE WHICH YOU AGREE TO PERFORM AND HAVE PERFORMED AND YOU HEREBY INDEMNIFY AND HOLD CLIQUE VODKA HARMLESS FROM ANY CLAIMS, DAMAGES, LOSSES, INJURIES OR OTHER CATASTROPHIC OCCURRENCE THAT MAY RESULT FROM ANY SUCH MEETING OF ANOTHER USER ON THIS SITE.
CODE OF CONDUCT
YOU agree to use our Site and Services with the following Code of Conduct:
- YOU shall not create an account on Our Site nor shall YOU maintain an account on this Site if YOU are under the age of TWENTY-ONE (21);
- YOU agree to monitor YOUR Account to assure use by persons under the age of TWENTY-ONE (21) is not allowed to access the Site. YOU accept full responsibility for unrestricted or unmonitored use of the Site by persons under the age of TWENTY- ONE (21) and YOU accept and will not under any circumstances dispute any charges on YOUR credit card when charges are posted to the credit card initiated by a person under the age of TWENTY-0NE (21) years whom YOU were responsible for supervising and failed to maintain adequate supervision while such person was on the website;
- YOU shall not create an Account, access an Account or use the Service if YOU have been previously removed or banned from the Service or if YOU are a convicted sex offender;
- All information provided to YOU is private and confidential and use of the information is limited to YOUR private use. Any collection of information or further distribution of information found on this site is prohibited including, but not limited to use of any software or mechanical mechanism that actively or passively collects information such as web bugs, cookies, spyware, spiders, network analyzers, packet sniffers and the like;
- YOU agree not to use our Site or the Services in any manner that is offensive, harassing, abusive, slanderous or defamatory to any other person and YOU agree not to post any information on this Site (including but not limited to photographs, images, language in chat rooms, descriptive information and the like) that is in any way libelous, slanderous, defamatory, racist, pornographic or obscene;
- YOU will not include anything in any message or posting on the Site that distributes any virus, Trojan horse, easter egg or other computer programming routines that detrimentally interfere with any system or personal information nor will YOU do anything that would otherwise inflict harm on the Site, the Site’s system or any other person’s computer or operating system or cause our internet service provider to cancel or terminate provision of its service to us due to any action taken by YOU (We expressly reserve the right to sue YOU for any damage to our Company, our system, our ISP’s system or any other member’s system including actual and consequential damages and reasonable attorney’s fees and court costs for any detrimental action or activity YOU have conducted in violation of this Agreement). Cheating and hacking will not be tolerated;
- YOU will not post any message or information that is fraudulent; that violates any copyright laws; that violates any privacy or other proprietary right or is in any other way unlawful;
YOU will not post or list any other person’s names, nicknames, telephone numbers, addresses, URLs or other private information except YOUR own;
YOU will not advertise a service or solicit funds through this Service without first contacting Us for commercial rates for same;
- Nothing YOU post on this site or any activity YOU conduct related to the use of this Site shall violate any law, statute, ordinance or regulation including Internal Revenue Service, consumer protection, anti discrimination and false advertising statutes and regulations;
- YOU shall not file false reports or make improper use of Clique Vodka support services, including but not limited to submitting false or fictitious abuse reports; YOU shall not at any time engage in any act or omission that is in conflict with the spirit and intent of the Site including but not limited to circumventing or manipulating the Terms of Service, Code of Conduct or any transaction involving YOU or any third parties;
- YOU shall not at any time engage in any act or omission that is in conflict with the spirit and intent of the Site including but not limited to circumventing or manipulating the Terms of Service, Code of Conduct or any transaction involving YOU or any third parties;
YOU shall not sell, rent, lease, bequeath, gift, trade or otherwise transfer YOUR Account to anyone without the written permission of Clique Vodka;
Anything that YOU post on the Site or within any forum, blog or chat area is considered “public discourse” and is under no circumstances confidential. Any content that is posted by YOU or any User of YOUR account, whether supervised or accidentally, including, but not limited to, uploads, designs, chat text, material, data and information including YOUR Avatar design shall be referred to herein as “Submissions.” By selecting the “I AGREE” button at the end of this document, YOU are granting Clique Vodka a perpetual, irrevocable, worldwide, fully paid and royalty free unlimited license to the Submissions.
YOUR Account and all information related thereto is private and should not be used by anyone else. YOU are responsible for all usage or activity conducted on our Site under YOUR login and password codes, including, but not limited to the use of Payment and Credit facilities. Any person sharing personal access codes and any access through use of another person’s account is prohibited.
YOU are solely responsible for maintaining the confidentiality of YOUR login and password information and are responsible for all uses of that information whether authorized by you or not. YOU further agree to not do anything to jeopardize the security of YOUR Account and will immediately notify Clique Vodka if YOU become aware or reasonably suspect that YOUR login, password or other Account information may be compromised by unauthorized access, loss, theft, unauthorized disclosure or any other such security breach that could compromise YOUR Account.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO RIGHT, TITLE, OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT OR ANY CONTENT THAT APPEARS ON THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT AND SERVICE SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF CLIQUE VODKA, ITS SUBSIDIARIES, ASSIGNS OR PREDECESSORS IN INTEREST.
REMOVAL OF INFORMATION, SUSPENSION AND TERMINIATION OF ACCOUNT AND SERVICE
We reserve the right, but are not obligated, to delete, to move, to edit, to retract or to modify material and information posted on our Site that we, in our sole discretion, deem violates any term of this Agreement or the Code of Conduct.
WE MAY, AT OUR SOLE DISCRETION, TERMINATE, SUSPEND, MODIFY OR DELETE YOUR ACCOUNT OR ACCESS TO ALL OR PART OF THE SITE, WITH OR WITHOUT NOTICE, AT ANY TIME, FOR ANY REASON OR NO REASON, BUT MOST CERTAINLY FOR ANY BREACH OF THIS AGREEMENT OR THE CODE OF CONDUCT. WE MAY REMOVE HOSTED CONTENT, PREVENT ACCESS TO OUR SITE AND TAKE OTHER TECHNICAL AND LEGAL STEPS AS MAY BE DEEMED TO BE REQUIRED, AT OUR SOLE DISCRETION, TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE SUCH ACCESS WOULD CREATE RISK, LEGAL LIABILITIES, INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF CLIQUE VODKA OR THIRD PARTIES, VIOLATE THE LETTER OR SPIRIT OF THE SITE, CODE OF CONDUCT OR SERVICE, OR ACT IN AN INAPPROPRIATE MANNER. AS A RESULT OF TERMINATION, SUSPENSION, DELETION OR MODIFICATION OF YOUR ACCOUNT, YOU CAN LOSE YOUR LOGIN NAME AS WELL AS ANY BENEFITS OR PRIVILEGES EARNED OR PURCHASED AND CLIQUE VODKA IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR AND SUCH LOSES THAT RESULT. WE MAY, IF ACTIVITY IS FOUND TO BE ILLEGAL, REFER YOUR ACTIVITY TO THE APPROPRIATE LAW ENFORCEMENT AGENCIES.
We may, at any time, stop offering and/or supporting the Site or any portion thereof at our sole discretion at which point your license to use the Site or a part thereof will be automatically terminated. In the event that the Site is suspended, terminated, modified, stopped or no longer supported, Clique Vodka shall not be required to provide refunds, benefits or compensation to YOU in connection with such discontinued or modified Site or support.
Clique Vodka reserves the right to terminate any account that has been inactive for a period of 180 days.
FEES AND SERVICES
Any and all payments made to Clique Vodka for use and access to any Clique Vodka Services and Clique Vodka Software are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. YOU will not receive a refund for any payment amount, even if payment was made for multiple billing periods. If YOU have an account set up for reoccurring billing, YOU may cancel your account at any time. YOU will continue to have the same access for any billing period or periods for which YOU have paid. If YOUR profile content or YOUR conduct within the Clique Vodka Software or Clique Vodka Services violates Our Terms of Service, YOUR access and account may be immediately terminated and all payments forfeited.
We reserve the right at any time to charge fees for access to portions of the Clique Vodka Services, Clique Vodka Software or the Clique Vodka Services or Clique Vodka Software as a whole.
YOU may contact us to enquire about YOUR account and any credit card information. Please first send us a message by electronic mail to **@** that includes YOUR name, telephone number and e-mail address.
All charges to YOUR credit card will be under the name of “Clique Vodka, LLC.”
We cannot and do not pre-screen, monitor or review all user content, postings, communications or transactions on the Service. Clique Vodka assumes no responsibility or liability for the conduct of any user or the content of their postings. We reserve the right at our discretion to monitor and/or record YOUR interactions with the service and other users including without limitation the monitoring or recording by Us or our representatives of chat text, postings, communications, or any other activity or communications on or through the Site.
By entering into these Terms of Service, YOU herby provide YOUR irrevocable consent to such monitoring and recording. YOU acknowledge and agree that you have no expectation of privacy concerning the transmission or posting of any content on or through the Site, Service or support including but not limited to chat text, postings, communications, transactions, or voice communications.
If at any time We, in our sole discretion, choose to monitor, screen or review the Site, Clique Vodka assumes no responsibility for user content, postings, communications or transactions and assumes no obligation to remove any inappropriate content. Clique Vodka has the right but not the obligation or responsibility, at our sole discretion, to edit, remove or refuse any user content.
YOU are solely responsible for the information that you post or communicate on, through or in connection with the Site. We are not responsible for any misuse or misappropriation of any content or information you post. We reserve the right to limit the storage capacity of any Account.
SUBMISSION OF ANY INFORMATION AS A POSTING
By submitting any information on our site, including personal, YOU are acknowledging that:
- Any information required to set up Your Account is true and accurate;
- YOU have the authority to post on the Site, use the site or to list any personal media content which will be viewable by all other players and persons using our Site (it is not private);
- YOU have secured all rights and authorizations to a post or to a photograph, including the right to publish the information or photograph or you have copyright authorization from the owner of the image and permission to upload, and for others to download and to copy the information;
- YOU are TWENTY-ONE (21) years of age or older;
- Any payments made are expressly made with full permission to initiate and to agree
￼to such payments.
TRANSACTIONS ARISING FROM USE OF OUR SITE, INDEMNIFICATION AND RELEASE
By using our Site, YOU agree that:
WE HAVE NO CONTROL OVER AN ADVERTISER’S SITE WHICH MAY BE LINKED TO OUR SITE AND YOU MAY BE REDIRECTED TO THAT SITE FROM OURS BY CLICKING ON THEIR AD SPACE. LINKING TO OTHER SITES WHILE USING OUR SITE MAY DISRUPT YOUR SESSION ON OUR SITE AND YOU MAY LOSE OR CORRUPT YOUR INFORMATION AND IT MAY NOT BE RETRIEVABLE UPON YOUR RETURN TO OUR SITE. WE ARE NOT RESPONSIBLE FOR ANY ACTIVITY OR LOSS OF INFORMATION THAT MAY OCCUR DURING SUCH LINKING ACTIVITY.
WE SCREEN OUR ADVERTISERS, BUT NOT THEIR AD CONTENT NOR DO WE PROHIBIT LINKS FROM OUR SITE TO OTHERS. WE HAVE NO CONTROL OVER THE ACCURACY AND TRUTH OF ANY POSTED INFORMATION ON OUR SITE THAT IS PLACED THERE BY ADVERTISERS OR OTHER PLAYERS. WE DO NOT SCREEN OTHER USERS’ POSTED INFORMATION. IF ANY POSTED INFORMATION OFFENDS YOU, PLEASE NOTIFY US IMMEDIATELY AT **@**. WE RESERVE THE RIGHT TO REMOVE, OR TO NOT REMOVE, ANY INFORMATION POSTED ON OUR SITE BY ADVERTISERS OR OTHER USERS.
THIS IS A PRIVATE SITE AND, AS SUCH, IS PRIVATE PROPERTY. REMEMBER THAT PRIVATE PROPERTY OPEN TO INVITEES AS THIS SITE IS OPEN DOES NOT CARRY “FIRST AMENDMENT RIGHTS” TO POST ANYTHING AT ANYTIME. WE RESERVE THE RIGHT TO REMOVE ANY INFORMATION POSTED ON OUR SITE, WHICH, IN OUR SOLE OPINION, WE BELIEVE DOES NOT BELONG ON OUR SITE FOR ANY REASON, OR FOR NO REASON. OUR AIM IS TO PROVIDE A SAFE AND PLEASANT EXPERIENCE WHILE YOU ARE ON OUR SITE TO ALLOW PEOPLE THE OPPORTUNITY TO INTERACT AND HAVE FUN. PLEASE USE COMMON DECENCY AND REMEMBER THIS AT ALL TIMES.
NOTWITHSTANDING ANY OTHER INDEMNIFICATIONS FOUND IN THESE TERMS AND CONDITIONS OF USE, YOU INDEMNIFY US AND HEREBY RELEASE US, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ALL CLAIMS, LOSSES AND DAMAGES (INCLUDING ACTUAL AND CONSEQUENTIAL DAMAGES) INCLUDING REASONABLE LEGAL FEES WHICH WE MAY SUFFER FROM YOUR ACTIVITIES AND USE OF THE SITE OR OUR SERVICES, WHETHER THOSE CLAIMS, LOSSES OR DAMAGES ARE KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED. YOU ALSO INDEMNIFY US FROM ANY BREACH BY YOU OF THIS AGREEMENT AND FOR ANY CHARGES, CLAIMS, LOSSES OR DAMAGES SUFFERED BY ANY THIRD PARTY AND A RESULT OF ANY ACTION OR ACTIVITY ON THIS SITE. ALTHOUGH YOU ARE INDEMNIFYING US, WE RESERVE THE RIGHT TO ASSUME OUR OWN DEFENSE, PROVIDED, HOWEVER, THAT YOU STILL REMAIN LIABLE FOR COST OF ANY SUCH CLAIM.
SERVICE MALFUNCTIONS AND LACK OF WARRANTY
We are not responsible for interruptions in service regardless of the cause of the suspension of the Site. Any claim against Us for any reason, including but not limited to loss or lost profits and negligence on our part shall be limited to no more than Two dollars ($2.00), such limitation shall extend to YOU and any third party connected in any way to activity on this Site.
Any information found on our Site is on an “as-is” and “with all faults” basis. We cannot warrant that our Site will be uninterrupted in its service function nor can we warrant that the service will be provided to YOU “error-free.” We are subject to all of the vulnerabilities of the World Wide Web, and We cannot warrant that hackers or other unwanted users may infiltrate and cause damage to our Site which may, in turn, cause damage to YOUR system. USING OUR SITE IS AT YOUR OWN RISK.
We do not, and will not, sell YOUR personal information to any third party for their purposes without YOUR express consent in advance. YOUR PRIVACY IS OF UTMOST IMPORTANCE TO US.
We cannot control, however, YOUR privacy when YOU have distributed personal or confidential information to another user of the Site. USE COMMON SENSE, CAUTION, AND CIVIL DECENCY IN EVERY USE OF THIS SITE.
If YOU know of situations where breaches of privacy occurred on this Site, or YOU know persons who have taken advantage or misused information gained on this Site, please refer those situations and those persons to our investigatory unit at this address: **@**. YOUR PRIVACY IN PROVIDING US THIS IMPORTANT INFORMATION SHALL BE PROTECTED TO THE FULLEST EXTENT OF THE LAW.
LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT CLIQUE VODKA, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT CLIQUE VODKA, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
UNDER NO CIRCUMSTANCES WILL CLIQUE VODKA, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID CLIQUE VODKA IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID CLIQUE VODKA ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
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.
BREACHES OF AGREEMENT
Notwithstanding other remedies which We may have available to Us either through this Agreement or under Federal and applicable state laws, we may also limit or terminate YOUR activity, remove YOUR postings, and refuse to provide YOU Services if YOU breach this Agreement or conduct activity that causes financial loss or legal liability for YOU, our users, or Us. Our failure to act or terminate YOUR activity or remove YOUR postings or listings does not waive Our right to take action with respect to subsequent breaches or activity by YOU.
This Agreement is entered into in Allegheny County, Pennsylvania, and shall be governed by the laws of the Commonwealth of Pennsylvania except in those circumstances where Federal law applies, and, in the case of any matters under Federal law, YOU agree the venue shall be that federal Court with jurisdiction over Allegheny County, Pennsylvania. YOU agree that the performance of this Agreement does not take place outside of the County of Allegheny, Commonwealth of Pennsylvania for any purposes.
U.S. GOVERNING LAW
Notices to Us shall be given to Us by U.S. Mail to the following address:
Clique Vodka Limited, 1627 Penn Ave, Fifth Floor, Pittsburgh, PA 15227
Notices to YOU shall be deemed adequate if mailed by certified mail to the address YOU submitted to Us during YOUR registration. All notices shall be deemed given to You three (3) calendar days after they were mailed to You by Us.
Should a dispute arise between Us and YOU for any claim and damages, YOU agree that the dispute shall be resolved by binding arbitration as administered by any competent arbitrator selected by Us and YOU and administered under the rules of arbitration of the American Arbitration Association. Any judgment or award may be enforced by entering the judgment in any court of competent jurisdiction in Allegheny County (or applicable Federal Court). Please refer to the governing law section of this Agreement for details of the agreed upon venue.
In any dispute, whether initiated by YOU or Us, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and court costs and any reasonable costs of conducting the litigation.
YOU irrevocably waive all rights to seek injunctive or equitable relief, or to enjoin or restrain the operation of the Site.
Clique Vodka shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Us, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
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