1. YOUR USE OF A ZIMA BEVERAGE COMPANY WEBSITE, EMAIL AND/OR MOBILE APPLICATION (“SITE”) CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
2. You acknowledge and agree that you are of legal drinking age. If you are an underaged person, you are not allowed to access or use this Site, including accessing advertising or marketing information on the Site. If you are of legal drinking age, you acknowledge and agree that you will not share materials from this Site with underage persons. You further acknowledge and agree that you must be of legal drinking age to purchase or consume any of Zima Beverage Company’s products or merchandise or to participate in any of our promotions or other offers on this Site or otherwise.
3. This Site has been designed to comply with United States law. Zima Beverage Company does not represent that the content of this Site is appropriate for locations outside the United States. If you access this Site from locations outside the United States, you are responsible for complying with all applicable local laws.
4. The copyrights to all contents of this Site are proprietary to Zima Beverage Company or its third party licensors, and you may not reproduce, post on any other Site, modify, distribute or transmit any portion of this site without the express written consent of Zima Beverage Company. Any name, logo, trademark or service mark contained on this Site is owned or licensed by Zima Beverage Company and may not be used by you without the prior written consent of Zima Beverage Company. You may access this Site for your individual noncommercial use only. Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
5. Although Zima Beverage Company makes all reasonable efforts to ensure that the content of the Site is updated and correct, Zima Beverage Company makes no warranties as to its accuracy. ALL MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6. IN NO EVENT SHALL ZIMA BEVERAGE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR ANY INFORMATION PROVIDED ON THIS SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Any material or communication transmitted by you to this Site will not be treated as confidential. You represent and warrant that you have permission to transmit any material or communication transmitted by you to this Site, and that the material does not infringe the intellectual property or privacy rights of any third party person or non-person, whether living or dead. Your use of this Site to transmit any ideas, concepts, or other materials hereby grants Zima Beverage Company permission to use such content in any manner, including reproduction, transmission, publication or broadcast without compensation.
8. You may not post or transmit to this Site any materials containing the image or likeness of anyone who is or appears to be under the legal drinking age or from whom permission has not been granted. You may not post or transmit to this Site any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening or otherwise objectionable material. Notwithstanding the fact that Zima Beverage Company or other parties are involved in creating, producing or delivering this Site and may monitor or review transmissions, postings, or discussions, Zima Beverage Company assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
9. Although this Site may be linked to other Sites, Zima Beverage Company does not endorse, approve, certify or sponsor the linked site unless specifically stated on this Site. Zima Beverage Company is not the owner of, does not control and is not responsible for any content of any Site linked to this Site. Your linking to other Sites is at your own risk.
10. You must obtain Zima Beverage Company's permission to link to this Site. Zima Beverage Company will only authorize links to sites when the majority of the actual audience of the site is 21 years of age or older.
12. You agree that any litigation between you and Zima Beverage Company arising from or pertaining to the use of this Site, any advertising associated with the Site, or any link accessible from or providing access to this Site shall be governed by Illinois law and that exclusive jurisdiction resides in the courts of the State of Illinois.
13. You acknowledge and agree that Zima Beverage Company reserves the right to revise this legal information at any time for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information and materials contained on this Site. You further acknowledge and agree that by entering this Site you will be bound by any such revisions to the Site and that Zima Beverage Company has encouraged you to periodically visit the Site and this page to review these terms and conditions.
Zima Beverage Company Copyright Policy
Zima Beverage Company respects the intellectual property rights of others, and we ask our users to do the same. Zima Beverage Company may, in appropriate circumstances and at its discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of others.
If you believe that your work has been copied, framed or otherwise used on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Copyright Agent for Zima Beverage Company for notice of claims of copyright or other intellectual property infringement ("Copyright Agent") the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of the material that you claim infringes on the intellectual property and the location of such material;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
The Copyright Agent for Zima Beverage Company can be reached as follows:
Zima Beverage Company
Attn: Copyright Agent
250 South Wacker Drive
Chicago IL 60606
If Zima Beverage Company receives such a notification, Zima Beverage Company reserves the right to remove or delete the allegedly infringing material.
After receiving a notice of infringement that complies or substantially complies with the Digital Millennium Copyright Act ("DMCA"), Zima Beverage Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. Zima Beverage Company will take reasonable steps to expeditiously notify the user that created or posted the relevant material that it has removed or disabled access thereto. Any user whose material has been removed or disabled in accordance with this policy may provide Zima Beverage Company with a counter notification under the DMCA. Such counter notification must be provided in writing to our Copyright Agent at the address listed above and must contain:
1. The user's electronic or physical signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or disabled, including the complete URL;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The user's name, address and telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for any judicial district in which Zima Beverage Company may be found and that you will accept service of process from the person who provided the initial notification of infringement.
Upon receipt of a proper counter-notification under the DMCA, Zima Beverage Company will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material, or cease disabling access to it, in ten (10) to fourteen (14) business days. Additionally, Zima Beverage Company will replace the removed material, and cease disabling access to it, ten (10) to fourteen (14) business days following receipt of the counter notice, unless the designated Copyright Agent for Zima Beverage Company first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site or Zima Beverage Company server.