BACK TO HOMEPAGE

TERMS OF USE

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms and Conditions”) AND THE PRIVACY POLICY WWW.DRINKTVSHOW.COM/PRIVACY-POLICY (“PRIVACY POLICY”) CAREFULLY BEFORE USING THIS WEBSITE.

By using this website (the “Site”), you understand and agree to be bound by these Terms and Conditions and recognize that you may be waiving certain rights. Your continued use of this Site is subject to your continued compliance with these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not use this Site. The Site owned and operated by Lossless Creative Inc., (“Company”, “us” “our” or “we”), in our capacity as the producer and owner of the lifestyle/reality series “Drink” (the “Series”) featured on the Site. This is contract between you (and, if you are agreeing to these terms and conditions on behalf of another entity, that entity) and us. These Terms and Conditions set forth the legal terms and conditions governing use of the Site.

1. PRIVACY STATEMENT. These Terms incorporate the Company Privacy Policy www.drinktvshow.com/privacy-policy which describes our practices related to the collection, use, and disclosure of your information. You have a choice in how we communicate with you. Please refer to the Privacy Policy or the marketing communication (e.g., email) for further information on managing communications.

2. INTENDED USERS. You acknowledge and agree that you are of legal drinking age in the jurisdiction from which you are accessing the Site. If you are under the legal drinking age, you are not permitted to access or use the Site, including accessing advertising or marketing information on the Site. No one under the age of 19 may access the Site in Canada or under the age of 21 in the United States. The applicable drinking age in other jurisdictions may vary and it is your responsibility to respect the drinking age restrictions in your jurisdiction. If you are of legal drinking age, you acknowledge and agree that you will not forward this Site or share Content (as defined in Section 5A below) from this Site with underage persons.You must be of legal drinking age to purchase or consume any alcohol beverage products featured or referenced on this Site and/or in the Series, or to participate in any promotions which may be offered or publicized on this Site, in the Series or otherwise.

3. UPDATES TO TERMS. Your use of the Site and continued use of the Site following any changes to the Terms and Conditions, signifies that you agree with the terms and conditions of the Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use the Site. We may update the Terms and Conditions from time to time by posting additions or modifications to this page, so we encourage you to periodically review the Terms and Conditions. To help you stay current of any changes, we take the following two steps: (i) we note the date the Terms and Conditions was last updated above; (ii) when we make a material change to the Terms and Conditions, we post conspicuous announcement of such changes on the homepage of the Site. Your use of any Site following the posting of any revised Terms and Conditions shall be deemed acceptance of the revised policy, so we strongly recommend that you review the Terms and Conditions periodically.

4. LICENSE TO USE THE SITE. Company grants you a non-exclusive, non-transferable, revocable, limited right and license to access, use and privately display this Site and the Content for your personal, non-commercial use only, provided that you comply fully with these Terms and Conditions. You may not use the Site or Content other than as expressly permitted hereinabove. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any Content; (b) use the Site or Content for any commercial purpose; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Site or any underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Site; (g) collect information about users of the Site or the Site itself; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Site. You agree to report any violation of these Terms and Conditions by others of which you become aware. Any violation of these Terms may result in restrictions on your access to all or part of a Site and may be referred to law enforcement authorities. No changes to or waiver of any part of these Terms shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Company.

5. INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS. Any and all rights in the Site and the content it contains, or may contain in the future, including but not limited to text, video, pictures, graphics, designs, information, applications, software, articles, directories, as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property, including without limitation any elements of the Series posted or promoted herein (collectively, the “Content”) are and shall remain the exclusive property of Company or the third party from which the Content was licensed. The Content includes references, depictions and descriptions of particular alcohol brands and products and all associated trademarks which are the property of the third party owners of these brand products. In these cases, any and all rights in the third party intellectual property shall remain the exclusive property of the third party, and all rights shall inure to its benefit. In certain cases, the Site and Content may contain various third-party names, trademarks, and service marks that are the property of their respective owners. The Site and all associated Content are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. Except as expressly permitted in writing by Company in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Content for any purpose. Any use of the Content other than as permitted by these Terms and Conditions will violate these Terms and Conditions and may infringe upon the rights of Company rights or the rights of the third party that owns the affected Content. Nothing contained in these Terms and Conditions or on a Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of Company or such third party that owns the Content or intellectual property displayed on the Site. You may access this Site for your individual non-commercial use only. Any unauthorized use of the Content of a Site may subject you to civil or criminal penalties.

6. USER GENERATED CONTENT. The Site may now or at any point in the future allow you to send ideas, concepts, comments, graphics, photographs, questions, complaints, materials, or other information (each a “User Content”) posted or communicated to Company. By submitting User Content to us, you grant us, and represent and warrant that any applicable third party with rights in the User Content grants us, a perpetual, irrevocable, worldwide, royalty free, non-exclusive, transferable license to use, reproduce, distribute, sublicense, modify, translate, prepare derivative works of, publicly display, broadcast, publish, and perform this User Content in any manner or medium known now or later devised, including but not limited to commercial use, without any consent/approval, notice and attribution, or compensation to you or any third party. You hereby irrevocably waive, and agree not to assert, any claims based on “moral rights” or similar theories. Any material or communication transmitted by you to a Site will not be treated as confidential. You may not post or transmit to a Site any Submission 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 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. You will not post or transmit any Submissions to a Site that contain any of the following: Unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, as determined by Company. You agree that your Submissions will not incorporate, encourage, or condone: (i) Criminal activity or conduct that gives rise to civil liability; (ii) Any form of violence, hatred or harassment; or (iii) Any form of discrimination on any ground covered by human rights legislation, such as religion, race, color, sexual orientation, disability, etc. You agree that your Submissions will not depict, promote, or encourage: (i) Irresponsible consumption of alcohol; (ii) Consumption of alcohol by anyone under the legal drinking age; or (iii) Engaging in any skilled or dangerous activity while consuming alcohol. You agree that your Submissions will not contravene any applicable law, regulation, policy, guidelines or industry standards, as determined by Company. Company reserves the right to delete or hide any User Content that it deems inappropriate based on these Terms and Conditions.

7. COPYRIGHT POLICIES & DIGITAL MILLENNIUM COPYRIGHT ACT. Company respects the intellectual property rights of others, and we expect that you do the same. Company may at its sole and absolute discretion, disable and/or terminate accounts of users who may or are alleged to be infringing the intellectual property rights of others. In the United States, Company will respond to allegations of copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that your copyrighted work is infringed by Content appearing on the online services, please provide a written DMCA notice to Company with the below information. If you believe that your intellectual property rights have been violated, please provide the Copyright Agent (below) the following information: (I) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) A description of the work or other intellectual property that you claim has been infringed; (iii) A description of the material that you claim infringes on your intellectual property and the material’s location; (iv) Your address, telephone number, and email address; (v) A statement by you that you have a good faith belief that the identified use is not authorized by the intellectual property owner, its agent, or the law; and (vi) A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or are authorized to act on the owner's behalf. If Company receives such a notification, we reserve the right to remove or delete the allegedly infringing material. 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. 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. To the extent permitted under DMCA in the United States, any user whose material has been removed or disabled in accordance with this Policy may provide 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: (i) The user's electronic or physical signature; (ii) 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; (iii) 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 (iv) 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 Company may be found and that you will accept service of process from the person who provided the initial notification of infringement.

8. THIRD PARTY SITES AND CONTENT. You must obtain Company permission to link to this Site. Company will only authorize links in its discretion, and then only when the majority of the actual audience of the third party site is of legal drinking age in the applicable jurisdiction. If we allow you to link to a Site, you may link only to the home page, or the portion of the Site specifically authorized by Company, and which is freely accessible and not subject to any restrictions such as a paywall, authorized user account or other password protection or authorization. The link must be in plain text, unless otherwise approved in writing. The link to the Site must not damage, dilute or tarnish the goodwill associated with any Company brands and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Company. You may not “frame” the Site or alter its Content in any other way. Company reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Company deems to be inappropriate or inconsistent with or antithetical to the Site and/or these Terms and Conditions. The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Site”) as well as software, text, graphics, articles, photographs, designs, sound, video, music, information, software applications, plug-ins, and other Content originating from third parties (collectively, “Third Party Content”). Company is not the owner of, does not control, does not monitor, and is not responsible for any Content or performance of any Third Party Content linked to or referenced on our Site. Although this Site may be linked to other sites, Company does not endorse, approve, certify or sponsor the linked site unless specifically stated on this Site. If you decide to leave the Site and access the Third Party Site or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and conditions and policies no longer govern. YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER CONTENT ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. WE BEAR NO RESPONSIBILITY FOR ANY ISSUES THAT MAY ARISE FROM YOUR USE OF THE THIRD PARTY CONTENT.

9. LIMITATION OF LIABILITY AND DISCLAIMER. THE SITE, ALL MATERIALS, AND CONTENT 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. Company assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, alteration of, or theft or destruction or unauthorized access to, user communications. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. Company is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Site. IN NO EVENT SHALL COMPLANY 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, REGARDLESS OF THE CAUSE OF ACTION FROM WHICH THEY ARISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. 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.

10. GOVERNING LAW AND DISPUTE RESOLUTION. The Terms will be subject to and exclusively governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard for its conflicts of law principles that would require application of the laws of any different jurisdiction. Any dispute, controversy or claim arising out of or relating to the Terms, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of the arbitration will be Toronto, Ontario, Canada, or may be conducted virtually via electronic communication to the extent the Arbitration Rules allow for such. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under the circumstances where the prevailing party won on some but not all of its claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. Notwithstanding anything to the contrary, we may apply to any court of competent jurisdiction for injunctive or other equitable relief.

11. GENERAL TERMS. These Terms and Conditions constitute the entire Terms and Conditions of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements, understandings, or the like between the parties with respect to the subject matter hereof. These Terms and Conditions may not be amended, nor any obligation waived, without Company written authorization. Any failure to enforce any provision of these Terms and Conditions shall not constitute a waiver thereof or of any other provision thereof. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.