Terms of Service

(the "Terms")

Last updated: September 10, 2024

INTRODUCTION

The following terms and conditions of use (the "Terms") govern your use and access to the Cocktaild Media Inc. ("Cocktaild", "us", "we", "or" "our") website, www.cocktaildapp.com (the "Site"), and application available on any Device (the "App") (together, the "Services"). These Terms apply to all visitors, users, and others who access or use the Services.
Please carefully review these Terms before accessing the Services. If you do not agree with these Terms, you are not permitted to access or use the Services and you should cease using the Services immediately.
You may only access or use the Services if you are of legal drinking age in your state or province. By using the Services, you warrant that you are at least the legal drinking age in the region where you are accessing the Services and you are legally capable of adhering to these Terms. Cocktaild assumes no responsibility for liabilities related to age misrepresentation.

By accessing or using the Services, you agree to be bound by these Terms.

Your access to and use of the Site and Services is subject to all applicable federal, state, provincial and local laws and regulations. You agree to comply with all applicable laws in relation to your access to and use of the Services.

DEFINITIONS

For the purposes of these Terms:

"Content" means means any expression fixed in a tangible medium and includes, without limitation, text, graphics, images, drawings, and any intellectual property therein.

"Device" means any device that can access the App such as a computer, a cellphone, digital tablet or other similar device.

"Personal Information" means information about an identifiable individual (including any "Personal Information" as such term is defined in any applicable privacy statute). Personal Information may include, but is not limited to, a person‘s name, email address, and, in some cases, user name.

"you" or "user" means the individual, company or other legal entity on behalf of which such individual is accessing or using the Services.

USER ACCOUNTS

Creating an account to use our App ("Account") is optional. However, you will be unable to access certain App features without creating an Account.

If you choose to create an Account, you agree to treat your user name, password, or any other piece of information as part of our security procedures as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password, or other security information.

PURCHASES

Cocktaild offers a premium subscription ("Cocktaild Premium") for users in the App that allows users to access additional features including, but not limited to, the ability to create "custom collections", "advanced search", "cloud backup" of account settings.

You acknowledge and agree that you are fully responsible for managing your Cocktaild Premium subscription.

You acknowledge, and agree that all billing and transaction processes are to be handled by the platform from which you download the App (the "Platform") and governed by the Platform‘s terms and conditions or end-user license agreement. If you experience any payment-related issues while making or attempting to make an In-App Purchase, or after making an In-App Purchase, please contact the Platform directly.

To make an In-App purchase, you must be 18 years or older and be legally capable of forming a binding contract.

RELIANCE ON CONTENT POSTED

The Content presented on or through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Content.

TRADEMARKS, LOGOS, BRANDING, AND INTELLECTUAL PROPERTY RIGHTS

The trademarks, logos, signs, symbols, images and brands (the "Marks") and any Content displayed on the Services or as available for download or as downloaded by the User are the property of the Cocktaild. You are prohibited from using any Marks or Content for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet, to create derivative works or otherwise to be copied, reproduced, retransmitted, distributed, disseminated, broadcasted, or circulated, without the written permission of the Cocktaild, at our sole discretion, which permission may be withheld. The Marks and all Content available on or through the Services is protected by intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Marks or Content for commercial purposes.

UNACCEPTABLE USE

You agree that you will not use the Services, or assist or encourage any other party, to engage in any of the following prohibited activities (the "Prohibited Activities") set out below in relation to the Services.  It is a violation of these Terms for a user to engage in any of the following Prohibited Activities:

1. Using any script, robot, spider, web crawler, screen scraper, automated query program or other automated device or any manual process to monitor or copy any part of the Services or Content;
2. Using any device, software or routine to interfere or attempt to interfere with the proper working of the Services, or disturbing the normal operation of the Services;
   Any action that imposes an excessive, unreasonable or disproportionately large load on our infrastructure;
3. Using the Services in a manner that will or will have the potential to disrupt, undermine, corrupt, diminish or otherwise threaten or jeopardize the functionality or integrity of the Services and/or Cocktaild;
4. Collecting or harvesting any information relating to an identifiable individual, including account names and any information about users of the Services;
5. Publishing, transmitting, distributing or storing Content, material, information or data that: (i) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (ii) is harmful to or interferes with the Services or any third party‘s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (iii) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (iv) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as "phishing"); or
6. Violating any applicable law, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability.

SUSPENSION AND TERMINATION

Cocktaild may monitor, suspend or terminate your access to the Services or to your Account at any time.

You understand and accept that Cocktaild can, in its sole discretion and without prior notice to you, suspend or revoke your ability to access each or all of the Site or Services, or any portions thereof, and cancel your Account for any reason including the following, without limitation:

1. If we suspect unauthorized use of your personal or login information;
2. If you fail to comply with the Terms;
3. As a security measure;
4. In response to requests by law enforcement or any other government agencies;
5. For operational reasons. i.e. including, but not limited to, the use of scripts, web crawlers or screen scrapers; or
6. For administrative reasons.

In addition to the foregoing, Cocktaild reserves the right to pursue all remedies available at law and in equity for violations of these Terms.  You acknowledge and agree that monetary damages may not be an adequate remedy for any violation of these Terms by you and, without limiting any of Cocktaild‘s other remedies, you hereby consent to, and authorize Cocktaild to obtain, an injunction or other equitable relief from any court of competent jurisdiction without the necessity of having to post any bond or other form of security.  

These Terms, as amended from time to time by Cocktaild, shall remain effective until terminated by you or Cocktaild.  Upon termination of these Terms for any reason, you must cease use of your Account and cease accessing the Site, Services and Content.

INFORMATION SECURITY

Any person using the Services does so at their own risk. The internet is a public network and data security violations may occur during its use. You understand that in the event of such occurrences, Cocktaild is not responsible for any damages you may experience as a result.

The Site may contain links to websites and other resources operated by third parties other than Cocktaild ("Linked Sites").  Cocktaild does not control such Linked Sites, and are not responsible for the content, products, services or information offered by any third parties.  The inclusion of links to the Linked Sites on Site does not imply any endorsement or any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any Linked Sites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

DISCLAIMER AND EXCLUSION OF LIABILITY

Without restricting the generality of the foregoing, Cocktaild disclaims all liability for any claim in relation to:

Any illegal or fraudulent use of your Account information;

The conduct of any user of the Services. By using the Services, you agree to accept such risks and agree that Cocktaild is not responsible for the acts or omissions of other users of the Services; or

The use of any Personal Information that a user discloses to other users on or as a result of using the Services.

CHANGES TO THESE TERMS

Cocktaild reserves the right, at our sole discretion, to modify these Terms at any time, effective immediately. As a user of the Site or the App, you agree that you will periodically review the Terms to be aware of any modifications and your continued use of the Site and/or App shall be deemed your acceptance of the modified terms.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Cocktaild, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys‘ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, Content you upload to the Services, any use of the Services‘ Content, the Services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

GOVERNING LAW

Those who choose to use or access the Services from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and creation of acceptable materials. These Terms and your relationship with Cocktaild shall be governed by, and will be enforced, construed, and interpreted in accordance with the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. All disputes between you and Cocktaild will be resolved by, and you hereby submit to, the exclusive jurisdiction of the courts of British Columbia in Kelowna.

GENERAL

1. The failure of Cocktaild to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.  
2. If any provision of these Terms shall be held to be unenforceable or invalid, such holding shall not in any way affect the enforceability or validity of the remaining provisions of these Terms.
3. These Terms, together with the App Privacy Policy constitute the entire agreement between you and Cocktaild with respect to the Services.

QUESTIONS

If you have any questions about these Terms, please contact us at info@cocktaildapp.com