Whiskeybase General Terms and Conditions
Introduction
Whiskeybase B.V. ("Whiskybase", "we" or "our", company details below) provides an online platform for whiskey enthusiasts that provides its members with access to the most comprehensive, transparent and authoritative resource for whiskey bottles and enables and encourages its members to contribute whiskey bottle information to the platform ("Service").
These General Terms and Conditions ("Terms"), as well as our Privacy Statement ("privacy statement”), apply to your (“you”, “Member”) use of the Service (including visits to the Whiskeybase websites).
By using our website(s) and registering for the Service, you expressly confirm your knowledge, acceptance and agreement to be bound by the Terms.
Our service, age restrictions
Our Service is an online platform that provides Members with information (eg bottle data, market indices, market values and prices) about (mainly) whiskey and allows them to add information to the platform. We do not sell, nor does the Service offer any option to purchase, any alcoholic products.
Each and every Member must be of legal drinking age in their country of residence to use the Service. If there is no such law in a Member's country of residence, the Member must be over 21 to use the Service. We are entitled to ask you to provide proof of your age and/or provide additional identification to prevent use by minors and/or for any other lawful or legitimate purpose. By using the Service and creating an account, you represent, warrant and confirm that you are of legal age.
You acknowledge that the Service is protected by copyright and database rights. The Service and your account are for your personal use only and may not be shared with third parties. We grant Registered Members a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Service and view its content ("License"). Without limiting the foregoing, the License does not include (a) the right to resell or use the Service commercially (unless expressly permitted by the applicable subscription plan), (b) the right to make the Service available to the public or use it for public display, (c) any download, duplication or copying, compilation and use of any content on the Services, e.g. bottle information, descriptions, ratings, retail and secondary market price notices, values, etc., (d) the right to license, use, sell, archive, reproduce, distribute, modify, perform, publish, create derivative works from , offer for sale or use the Service. In addition, you must not circumvent, remove, alter, disable, downgrade or void any content protections, decompile, reverse engineer or disassemble the Service and any software related to or used on or by the Service.
Notwithstanding the Liability section below, the Service may be temporarily unavailable during maintenance, updates, etc. We will use reasonable efforts to notify you of any outages due to maintenance or updates.
Registration and member accounts
You must create an account to use our Service, where the following personal information is required: username, valid email address, country of residence and password. You may provide additional personal information if you wish. Please read ourprivacy statementfor more information about our use and processing of your personal information.
You are responsible for all activity through your account. You are responsible for the accuracy of the information you provide to us in connection with your account and for updating it as necessary. You are not allowed to create multiple accounts. We may temporarily close or suspend your account to protect you, ourselves, or our partners from (suspected) identity theft or other (suspected) fraudulent activity (eg, false, misleading, or misleading). You are required to maintain the confidentiality of your login credentials. You will not authorize others to use or access your account.
Termination
You can cancel your account at any time. If you terminate your account, you will no longer have access to the Service or your Contributions (specified below), if any. We do not provide backup copies of your contributions. To cancel your account, log in to your account, go to the "settings page" and follow the cancellation instructions]. If you cancel your subscription, your account will be automatically closed.
We reserve the right to disable, suspend and/or terminate your account immediately and without notice if you fail to comply with the Terms, act illegally, fail to act or use the Service in good faith, or cause any harm to the Service, other Members, other persons or us. You will be notified of the deactivation, suspension or termination via the email address linked to your account.
Member Behavior and Member Contributions
We do not allow the sale and/or purchase of products between members via the Service, e.g. through private messages. If you want to sell or buy products, check out the Whiskeybase Market.
Regardless of whether the Service provides the functionality to contribute, you are solely responsible for any content and information that you create, upload, post, link, mirror, transmit, record, display or otherwise make available on the Service or to other Members, such as messages, text messages, videos, audio, audio recordings, music, images, photographs, text and any other information or material, whether publicly posted or privately transmitted ("Contributions").
You will not contribute any material and/or Contributions that are discriminatory, racially offensive, abusive, harassing, threatening, inaccurate, incomplete, obscene, profane, harassing or unlawful, or any other Contributions that infringe, or may infringe, or violate or may violate any rights of third parties, including intellectual and industrial property rights, privacy and publicity rights. In addition, deliberate or unintentional manipulation of information on the Service (such as ratings), any activity intended to influence such information, value or product reviews (e.g. bottles, brands, distilleries, bottlers or stores). Contacting Members to sell or buy products or soliciting other Members to sell or buy bottles outside of our affiliate Whiskybase Market platform is a breach of these Terms and will result in the termination of your account without prejudice to any other rights you may have. these Terms apply. law.
You acknowledge, understand and agree that we are not obligated to review, verify or monitor any Contribution, but we may. In addition, we may (without prior notice and without giving reasons) change, delete or alter any Contribution, in whole or in part, that, in our sole discretion and discretion, violates these Terms, is unlawful, or is otherwise harmful to you. , Members, us, the Service or third parties.
You grant us (including our parent companies, affiliates, subsidiaries, (sub)licensees, assigns, successors, authorized third-party contractors), the world, perpetual, irrevocable, unlimited in any form, non-exclusive, transferable, free of charge and fully paid and license to duplicate, copy, reproduce, distribute, publish, display, make available, perform, use, store, record, reproduce, adapt, alter, modify, make derivative works of, or otherwise exploit your Contributions (including any Contributions you have already posted/created on the Service (and any prior versions thereof)), through any and all means, now known or hereafter created, including, without limitation, other, Internet, websites, print, magazines, books, mobile apps, games , commercials, etc. We have the right to transfer, assign the license you have granted to us, or grant licenses and sublicenses to our licensees, or allow them to grant sublicenses to licensees. to any other parties.
You represent and warrant that you are authorized to make contributions and that your contributions and our use of them will not infringe or violate the rights of others. You will (at our option) defend, indemnify and hold us and our parents, affiliates, subsidiaries, (sub)licensees, assigns, successors, authorized third party contractors harmless from and against any loss, damage, claim, liability or expense (including fees and reasonable external legal costs) actually incurred as a result of a third party claim arising from a breach or alleged breach of their obligations, representations and warranties made herein.
Responsibility
Nothing in the Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our gross negligence or willful misconduct.
The Service has been prepared by us for informational purposes only for Members and the Service is based on information that we believe to be reliable and we obtain content on the Service from many different third party sources (including Contributions) but we do not endorse, support, represent, endorse or guarantee the completeness, truthfulness, accuracy or reliability of the Services and any information contained therein.
The Service, including any information contained therein, does not constitute advice (such as, but not limited to, investment advice, tax advice, financial advice, economics) and is not intended to be a recommendation (personal, general or otherwise). to invest in companies, products, services. Any investment and purchase made, or action(s) taken based on (information on) the Service can and will involve significant risk (such as, but not limited to, loss, total loss). Past "performances" (e.g. values, ratings, etc.) of products (e.g. bottles, casks) and companies (e.g. distilleries) listed on the Services are not indicative of or guarantee future results.
Before making any decision (e.g., purchase, investment) based on the Service, you should consider obtaining the advice of a third party professional/subject matter expert and should consider whether such a decision is appropriate and feasible in relation to (among other things) your financial situation. status and situation, your particular knowledge/experience of the subject matter (eg products, companies) involved.
To the fullest extent permitted by law, we expressly disclaim all warranties and representations with respect to the Services, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, particular viruses, the accuracy or completeness of responses or the results of using the Services, that the Services will meet specific requirements, that the Services will be available or uninterrupted, secure or error-free. You acknowledge and agree that the Service is provided on an "as is" and "as available" basis.
Neither Whiskeybase nor any of its group companies (including any subsidiary, affiliate or holding company), directors, officers and employees shall in any way be liable (whether directly, indirectly or consequential) for any costs, claims, damages, liabilities and other expenses, including any consequential losses, that you suffer as a result of using the Service.
Several
We may, but are not required to, release new functionality and tools or other features to the Service from time to time. All new functions, tools and features will become part of the Terms and will be governed by them from the moment they are released and / or made available. Furthermore, we reserve the right to modify, change, discontinue the Service, add or remove features, update the Service, change its appearance, temporarily and permanently, at any time, in whole or in part.
We may change or update the Terms from time to time. You will be notified of any changes via the Service and/or by email. Your continued use of the Service after such changes or updates become effective will constitute acknowledgment and (as applicable) acceptance of such changes or updates.
We may sell, license, transfer, assign or otherwise dispose of the Service (including Members) to third parties without notice, e.g. (but not limited to) in connection with any reorganisation, restructuring, merger or sale or other transfer of assets.
If any provision of these Terms is held to be invalid, the remainder of the Terms will continue in full force and effect.
If we decide not to exercise or enforce any right or provision of these Terms, such decision will not constitute a waiver of such right or provision.
No partnership, joint venture, agency or employment relationship is created as a result of your use of the Service.
Unless mandatory applicable law provides otherwise, your use of and participation in the Service is governed exclusively by Dutch law. First, we will try to resolve any dispute over a whiskey shot. Unresolvable disputes over multiple drams of whiskey will be submitted exclusively to the courts of Amsterdam, Netherlands, unless otherwise provided by applicable mandatory law.
About Whiskeybase and contact details
Whiskeybase B.V. is a Dutch limited liability company, headquartered in Rotterdam, The Netherlands, with an office at Zwaanshals 530, 3035 KS Rotterdam, The Netherlands. Whiskeybase B.V. is registered with the Dutch Chamber of Commerce under no. 52072819.
Any questions, requests and questions can be directed to:
info@whiskybase.com
the en:
Whiskybase B.V.
Attention Customer Service
goose neck 530
3035 KS Rotterdam
the netherlands
Version 2.0, July 2022