Whiskybase Terms and Conditions
introduction
Whiskeybase B.V. (“Whiskybase”, “we” or “us”, company details below) provides an online platform for whiskey enthusiasts, offering its members access to the most comprehensive, transparent and trusted whiskey bottle resource and enabling and encouraging its members to: to contribute information about whiskey bottles to the Platform (“Service”).
These General Terms and Conditions (“Terms”) and our Privacy Policy (“Data protection’) apply to your (‘you’, ‘member’) use of the Service (including visits to Whiskybase websites).
By using our website(s) and registering for the Service, you expressly acknowledge your acknowledgment and acceptance of the Terms and agree to be bound by them.
Our service, age restrictions
Our Service is an online platform that provides members with information (e.g. bottle facts, market indices, market values and prices) about (mainly) whiskey and allows members to add information to the platform. We do not sell any alcoholic products, nor does the service offer a purchase option.
Each individual Member must be of legal drinking age in their country of residence in order to use the Service. If no such law exists in a Member's country of residence, the Member must be over 21 years of age to use the Service. We have the right to ask you to verify your age and/or to provide further identification in order to prevent use by minors and/or for any other legal or legitimate purpose. By using the Service and creating an account, you represent, warrant and represent 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 any third party. We grant Registered Members a limited, nonexclusive, nontransferable, nonsublicensable, 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 commercially exploit the Service (unless expressly permitted by the applicable subscription plan), (b) the right to make the Service publicly available or to public display, (c) any downloading, duplicating or copying, collecting and using any content of the Services, e.g. Bottle information, descriptions, ratings, retail and aftermarket price observations, values, etc., (d) the right to license, use, sell, archive, reproduce, distribute, modify, perform, publish, derivative works thereof create works, offer to sell or use the Service. In addition, you may not circumvent, remove, modify, disable, disparage, or thwart content protection, decompile, reverse engineer, or disassemble the Service and any software associated with or used on the Service.
Without prejudice to the “Liability” section below, the Service may be temporarily unavailable during maintenance, upgrades, etc. We will make reasonable efforts to notify you of any unavailability due to maintenance or updates.
Member Registration and Accounts
You must create an account in order to use our service, which requires the following personal information: username, a valid email address, country of residence and a password. Additional personal data can be provided by you if you wish. Please read ourData protectionfor more information about our use and processing of your personal data.
You are responsible for all activity through your account. You are responsible for the accuracy of the information you provide to us in relation to your account and for updating it as necessary. You may not create multiple accounts. We may terminate or temporarily suspend your account to protect you, ourselves or our partners from (alleged) identity theft or other (alleged) fraudulent (e.g. false, misleading, deceptive) activity. You are obliged to treat your access data confidentially. You may not authorize others to use or access your account.
completion
You can cancel your account at any time. If you terminate your account, you will no longer have access to the Service and your Submissions (as set forth below), if any. We do not provide backup copies of your Contributions. To cancel your account, log into 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, act in bad faith, or use the Service or if you cause any harm to the Service, other members, other people, or us. You will be notified of the deactivation, suspension or termination via the email address associated with your account.
Member Behavior and Membership Fees
We do not permit the sale and/or purchase of Products between Members through the Service, e.g. through private messages. If you want to sell or buy products, please contact Whiskybase Market.
Regardless of whether the Service offers the ability to contribute, you are solely responsible and liable for all content and information that you create, upload, post, publish, link to, reproduce, transmit, record, display, or otherwise make available on the Service or to other members, such as B. Chat 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 must not contribute any discriminatory, racially offensive, abusive, abusive, threatening, intimidating, inaccurate, incomplete, obscene, profane, harassing or illegal material and/or Submissions or other Submissions that violate or may violate or violate the rights of any third party, including intellectual and industrial property rights, privacy and publicity rights. In addition, intentional or unintentional manipulation of information on the Service (e.g., reviews), activities intended to influence such information, value, or reviews of any product (e.g., bottle, brand, distillery, bottler, or store). , not allowed. Contacting Members to sell or buy products, or asking other Members to sell or buy bottles outside of our affiliated platform Whiskybase Market will be considered a breach of these Terms and will result in termination of your account, without prejudice to any other rights we may have under these terms and applicable law.
You acknowledge, understand and agree that we are under no obligation to screen, review or monitor any Submission, but we may do so. In addition, we may (without notice and for any reason) modify, delete, or alter any Submission, in whole or in part, that, in our sole discretion and discretion, violates these Terms, is unlawful, harms in any way you, Members, us, the service or third parties.
You hereby grant to us (including our parent, affiliates, subsidiaries, (sub)licensees, successors, assigns, authorized third party contractors) the worldwide, perpetual, irrevocable, unlimited in all ways, non-exclusive, transferable, royalty-free right and paid in full, the right and license to duplicate, copy, reproduce, distribute, publish, display, make available, perform, use, store, record, play back, adapt, alter, modify, create derivative works from or in any other way your Contributions ( including any previous postings you have already posted/created on the Service (and any previous versions thereof)) through any means and media now known or hereafter developed, including but not limited to the internet, websites, printed matter , magazines, books, mobile application en, games, commercials, etc. We shall have the right to transfer, assign or license and sublicense our licensees, or permit them to sublicense to licensees, the license granted by you to us at any other party.
You hereby represent and warrant that you are entitled to make any Contributions, that your Contributions and our use of them will not infringe or violate the rights of any third party. You will defend, indemnify and hold us and our parent, affiliate, subsidiary, (sub)licensee, assignee, assignee, authorized third party contractor (at our discretion) harmless from any loss, damage, claim, liability or expense (including reasonable external legal fees and costs) actually incurred as a result of a claim by a third party arising out of a breach or alleged breach of your obligations, representations and warranties made herein.
Liability
Nothing in the Terms excludes our liability for fraudulent misrepresentation or for death or personal injury resulting from our gross negligence or willful misconduct on our part.
The Service has been created by us for members' informational purposes only and the Service is based on information we believe to be reliable and we obtain the content of the Service from a variety of third party sources (including contributions), but we do not endorse the completeness, accuracy support, represent, warrant or guarantee the 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, tax, financial and business advice) and is not intended as a recommendation (whether personal, general or otherwise) to invest in any company, product, Services. All investments made and purchases or actions taken on the basis of (information in) the Service can and will involve significant risks (e.g. but not limited to loss, total loss). Past "performance" (e.g., values, ratings, etc.) of products (e.g., bottles, kegs) and companies (e.g., distilleries) listed on the Services is neither an indication nor a guarantee for future results.
Before making any decision (e.g. purchase, investment) on the basis of the Service, you should consider obtaining professional/expert advice from third parties on the matter and you should consider whether such a decision is reasonable in relation to (amongst others ) your finances is reasonable and feasible status and situation, your specific knowledge/experience of the matter in question (e.g. products, company).
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, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, anti-virus, accuracy or completeness responses or results from use of the Services, that the Services meet certain requirements, that the Services are 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 Whiskybase nor any of its group companies (including subsidiaries, affiliates or holding companies), directors, officers and employees shall in any way be liable or responsible (whether direct, indirect or consequential) for any costs, claims, damages, liabilities and other costs, including consequential damages you may incur as a result of your use of the Service.
Other
We may, but are not obligated to, release new functionality and tools or other features for the Service from time to time. All new functionality, tools and features are incorporated into and governed by the Terms from the time they are introduced and/or available. In addition, we reserve the right to modify, change, discontinue the Service, add or remove features, update the Service, change its appearance, temporarily or permanently, in whole or in part, at any time.
We may change or update the Terms from time to time. You will be notified of any changes through the Service and/or by email. Your continued use of the Service after any such changes or updates are effective constitutes your acknowledgment and (if any) 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 to you, e.g. (without limitation) in connection with any reorganization, reorganization, merger or sale or other transfer of assets.
If any provision of these Terms is held invalid, the remaining Terms will remain in full force and effect.
If we decide not to exercise or enforce any right or provision of these Terms, that decision will not constitute a waiver of that right or provision.
Your use of the Service does not create a partnership, joint venture, agency, or employment relationship.
Unless mandatory applicable law provides otherwise, your use of and membership in the Service are exclusively governed by Dutch law. We will try to settle any dispute over a glass of whiskey first. Disputes that cannot be settled over multiple glasses of whiskey will be submitted exclusively to the court in Amsterdam, The Netherlands, unless mandatory applicable law provides otherwise.
About Whiskybase and contact details
Whiskeybase B.V. is the Dutch limited liability company with registered office in Rotterdam, the Netherlands and an office at Zwaanshals 530, 3035 KS Rotterdam, the Netherlands. Whiskeybase B.V. is registered with the Dutch Chamber of Commerce under no. 52072819.
All questions, requests and inquiries can be addressed to:
info@whiskybase.com
or at:
Whiskybase B.V.
Attention customer service
Schwanenhals 530
3035 KS Rotterdam
The Netherlands
Version 2.0, July 2022