References in these documents to Daiquiri, “(the) Service”, “We” or “Us” mean the Daiquiri Website, or (if different) an owner Company or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns there to. References to “You”, “Your” and “User” mean the person, group or other entity utilizing Daiquiri. By visiting and using Daiquiri’s Website and/or Software, You are hereby compliant to all Provisions including the express terms and restrictive covenants these General Terms of Service and Daiquiri’s other legal documents and/or notifies include, and thus find them to be reasonable. If you do not find these provisions reasonable, please stop using this Website and/or Services. Deletion of your User Account or Profile information is also required. Unless you do so, you WARRANT that you are compliant to these Terms of Service and provisions to which you are properly notified via Our Website. Furthermore, you hereby INDEMNIFY Daiquiri, its owner Company, Subsidiaries, Offices, Partners, Employees, Management or Administrative Team, other Representatives and all future individuals or legal persons involved with Daiquiri, in respect to any losses possibly suffered in connection to the Website, Software, Content and Services. Daiquiri, being a private entity does NOT support intolerant behavior and does not promote any type of penal activity.
Express Licensing Grant
Daiquiri hereby grants you a non-exclusive and non-transferrable license to use of this Website’s content and services. This license limited to personal use, and is further limited according to any Terms or Contract Daiquiri stipulates with you. Applicable Licensing Terms may be displayed at an accessible place or visible to you.
The Service is primarily intended for users which do not fall into the consumer category (for the purposes of this document, a “consumer” is an individual acting for other purposes than trade, business or profession), and the applicability of consumer protection laws and regulations is therefore excluded. Users, which are at least 18 years of age or older may enter into this Agreement with the Service. You hereby represent and warrant for the truthfulness, reliability and accuracy of the information provided to the Service for the purposes of registration and account usage, as well as for any questions or required information regarding the offered services by the Service. You further represent that you are from sufficient legal age and capacity, at least 18 years of age and competent to enter into this agreement.
This Website’s Content is primarily original, unless stated and/or attributed otherwise. The site’s Content is created, gathered, modified and/or published with respect to the Authors (Licensors) in accordance with all U.S. governing law and international intellectual property law standards. Daiquiri, together with the Authors (Licensors) owns and controls all the copyright and/or other intellectual property rights of the complete Content on the Website. All the copyright and/or other intellectual property rights regarding this Website’s full Content (including, but not limited to sections of this Website which are or are not available to the general public, registered Users, persons with authorized access to specific sections of the Website etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are null and void. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, Content and/or functionality of this Website can only be transferred via a binding agreement between Daiquiri, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Website’s visitors. Daiquiri DOES NOT warrant that Licenses would be issued to any person, group and/or other third party without a previous formal request. Daiquiri DOES NOT WARRANT that Licenses will be issued to any person, group and/or other third party AT ALL. Note that any unilateral transfer of copyright and/or other intellectual property rights are null and void. Any breach of Content and intellectual property law provisions, sanctioned by U.S. applicable law does not exclude the possibility of Daiquiri treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded
Law enforcement and Inquiries of potential abuse
Daiquiri may disclose your personal information in the range which is necessary under applicable law, in connection with any current or future legal proceedings in order to constitute or defend its respective legal rights. Daiquiri may further disclose your personal information upon request of State authorities, in a range and manner prescribed by applicable law. In the event of any disclosure, Daiquiri WILL NOT disclose more information than the minimal range which is prescribed by governing law. Daiquiri reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of Daiquiri and it will include any steps that Daiquiri finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties.
Cookies and Clear GIFs
Communications from the Website
Daiquiri will occasionally send information on Products, Services, special deals, promotions or Newsletters you have subscribed to. You may choose not to receive these types of communications by opting out. Daiquiri may also send you service-related announcements on rare occasions if it’s necessary to do so. These communications are not promotional in nature, and if you wish to not receive these announcements, you have the option of deactivating your account. Please note that Daiquiri may also use Third-party delivery systems to contact you and provide you information via e-mail. These systems do NOT retain, store, use or share your personal information other than the stated purpose.
Information Collection. Range of Use.
Any forms you fill will notify you of the range of publication of specific personal information details. Keep in mind that sensitive information cannot be published on the Internet. You hereby agree to cross-borders transfers of your information. Any personal information necessary for the registration and/or your identification while entering into contract (acquiring) a specific service or subscription provided by Daiquiri trough this Website will be used only for the purposes of registration, identification and/or possible delivery. Personal information collected by Daiquiri is primarily used to customize Your User experience this may include personalized Services, communications and other Services, which are provided by Daiquiri. Personal information may also be utilized to deliver you personalized advertisements. Advertisers however do NOT have access to your personal information. Advertising is realized in the form of banner ads or promotional e-mails. Promotional e-mails and other forms of marketing communications may be manually set according to your preferences.
In certain aspect of usage, Users are given the opportunity to opt-out of having their personal information used for certain purposes. Firstly and as stated in the introductory clauses, all further usage of your personal information is subject to your further consent. You therefore have the choice of denying us access or not providing us this information. Secondly, you may manually change the preferences of the range of use of personal information manually (if allowed) or directly contact via e-mail, post or telephone number, or by using our Online Support service located on our Website.
Service’s reserved rights in case of infringement
Daiquiri reserves the rights to: - Restrict access to certain areas of this Website, which are not meant to be available for visitors, consumers and/or Users; - Further disable access to certain areas of this Website in full discretion of the Website’s administrators, under full discretion without a previous notice or explanation; - Restrict access to other areas of this Website, in case of violation of these provisions. These restrictions are in full Daiquiri’ discretion, and can be issued without explanation or notice; - Enable access to certain areas of the Website, providing You with a User ID and Password, which are for Your PERSONAL use. It is advised to keep these credentials confidential, in case of misuse by third parties. Restrictions of Users’ behavior on this Service are explained in the Terms of Service.
Daiquiri takes security very seriously. That is why industry-standard Encryption technology is utilized to safely store your personal information. Daiquiri follows accepted industry standards during the process of submission, transmission and acceptation of personal information. No method so far is 100% accurate, but we are committed in caring for the information you share with us in the best way possible. All of our employees are kept up to date in regards of privacy practices. Personally identifiable information is kept in a secure environment. If you have any questions in regards to our Security protocols, please do not hesitate to contact us. This service, as a legal person bound by ethics and etiquette, will disclose any security breaches which might occur on this website in the case such breach does occur and our Staff acquires knowledge of it. Users registered and all other possibly affected parties shall be notified via the information provided on this Website. If Daiquiri does not disclose such a breach knowingly and within a reasonable time period from such an occurrence, Users may seek relief from the Service.
Third-Party Services. Defective performance of third-party Service providers.
The Service allows you to gather data from third-party services and data sources, without exclusion to third-party websites. These Sources are used and utilized at the sole discretion of the Service, and the Service reserves the right to discontinue or change using such sources at any given time. The Service does not assume any liability from the data and/or content from such sources and services. Users have the sole responsibility of obtaining any consensus or authorization, if any is needed, for the usage of this Service or processing of the available data. The Service takes no responsibility for any information processing made on its behalf, as Users warrant that they have obtained all authorizations and/or consensus from the data sources for further usage of the provided data.
This service may be used as an add-on to third-party services and software. We do not assume any liability for such third-party services and software, and you are solely and exclusively responsible for obtaining any licenses, consent or authorizations needed for the use of data.
Third-party services and Websites may be made available throughout the Service. In order for you to use these third-party services, you must read and understand all usage restrictions and other Terms and Policies of the appropriate third-party service and/or website. This Service disclaims all liability arising out of defective performance of linked services and/or website, unless expressly assumed within this Agreement. Upon being prompted by a follow-up link to a third-party service and/or website, you are bound by a different set of Terms and Policies that govern the usage of the appropriate third-party service or website, and you further understand that you use the third-party service or website at your own risk. We recommend using due diligence and familiarizing yourself with the Terms and Policies prior to usage of the services you are prompted to. Please note that this Service does not endorse, promote or otherwise market the third-party websites and/or services, unless expressly and appropriately stated within our Website.
This Service may contain ads and promotions from third parties. Your business dealings, correspondence or other contact made throughout these ads and promotions falls outside the Service’s scope of control, and, as such, the Service disclaims all liability arising from these dealings, contacts or correspondence.
Modifications of these Terms
Limitation of Liability
You hereby agree to indemnify and hold Daiquiri, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the Daiquiri’s Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.
If any lawsuits are to occur, you agree that your action will not supersede the amount of 100 United States Dollars, or the expenses made whilst using this Website, whichever is greater.
Third party payment protocols
SubNotify and Third-party Authorized Apps use third-party billing protocols in order to securely process your payment. The third-party billing protocols enjoy a high level of encryption and security, in order for your payment to be safely made without any risks.
Daiquiri’s website, content and services are all provided on an “as is” and “as offered” basis. Daiquiri does not unilaterally provide any express or implied terms, representations, warranties or conditions. Daiquiri, its employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that Daiquiri has willingly voided it’s limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that Daiquiri had been advised of the potential loss. Daiquiri does not take any responsibility for the unreasonable behavior of visitors and/or third parties. Furthermore, Daiquiri does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. Daiquiri is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of Daiquiri’s ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by U.S. Governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with U.S. Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety.
Jurisdiction and Tribunal
The parties covenant that the applicable and usable law according to which this agreement will be governed will be the law of U.S. Subsequently to the aforementioned, U.S., State of Connecticut Law will regulate all disputes or litigation arising from the content of this contract or its execution, accordingly. The parties agree that the competent court shall be the court designated under U.S., State of Connecticut law, in accordance with its statutory provisions.
Other Contract provisions. Interpretation Clauses.
The Service’s failure to act in a particular circumstance does not waive the ability to act in respect to the specific circumstance or circumstances similar to it. If any provision of these Terms is rendered invalid by statutory provisions, interpretation of law or its application, rendered unenforceable, it shall not affect the remainder of these terms. The remaining terms shall stay in full force and effect. Section headings are made for convenience. They do not have to correspond with the content of the appropriate section and do not have any legal effect. This agreement is not to be in favor of a weaker party, as there is not such party under this specific contract. Due to the fact that both the Service and the Users have high bargaining powers in stipulating a contract with each other, as well as several dozens of options for customizing the user experience, we believe that this agreement, even if it is a main framework for the functioning of this Service, is a collection of the basic rules and guidelines all Services of this type abide by. This Agreement is in full force and effect as of the date stated above.
Termination of this Agreement
Termination of this Agreement may occur immediately as per the Service’s reserved rights in this Agreement. Termination of this Agreement on your behalf expressly means discontinuance of any subscription plans and paid services and deletion of your user profile. Please note that no refunds are issued for the unused prepaid paid services, and no renewals of subscriptions occur in the case you decide to re-register with our service. All due obligations of the Service to the Users shall be waived once this Agreement is terminated on the User’s behalf.
Feedback, Questions and Contact
Providing feedback may be possible by any given means within the Service. All feedback given in the form of user comments, blog posts or similar feeds shall be available to the World Wide Web. Please refrain from using any obscenity or profanity, as the Service reserves all discretional rights as per this Agreement and the General Terms of Service
All questions or other inquiries made directly to the service may be sent at the designated e-mail address in the Contact section of our Website.