THIS WEBSITE IS OPERATED BY DAYTOON, INC. OF WRIGHTSVILLE BEACH, NC, HEREINAFTER REFERRED TO AS “DAYTOON”.
By entering the BlueSharkVodka.com (the “Site”), you expressly agree to fully comply with and be bound by the following TCUs. Daytoon reserves the right, at its complete discretion, to change, modify, add, or remove portions of this policy at any time. By entering the Site, you represent and warrant that you have reviewed these Terms and Conditions of Use and agree to be bound by same, as well as any amendments, revisions or updates that may be made by Daytoon from time to time.
1. By entering the Site, you represent and warrant that you are of legal drinking age. User expressly agrees to indemnify, defend and hold Daytoon harmless from and against any liability, damages (direct or indirect) or losses arising out of any claims, lawsuits or actions resulting from user’s breach of this representation or warranty.
2. Material from this Site may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Daytoon. Neither title nor intellectual property rights are transferred to you by use of or access to this Site; rather, all rights, title and interest in and to all aspects of the Site remain the sole and exclusive property of Daytoon. Material on this Site is provided for lawful purposes only.
3. UNDER NO CIRCUMSTANCES SHALL DAYTOON OR ITS AFFILIATES, SUBSIDIARIES, PARENT OR RELATED COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES), HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIALS OF THIS SITE, OR ARE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, DAYTOON DISCLAIMS LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
DAYTOON DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT DAYTOON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
4. All remarks, suggestions, ideas, creative concepts, graphics, or other information communicated through this Site or otherwise sent to Daytoon, including without limitation, product or advertising ideas, (collectively, the Submission) shall be the exclusive property of Daytoon, and all rights to any and all Submissions shall be deemed to have been transferred to Daytoon for its exclusive use. Daytoon will not be required to treat the Submission as confidential, and will not be liable for any use whatsoever or disclosure of the Submission, and need not provide any compensation or acknowledgement for the Submission. Without limitation, Daytoon will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature anywhere, including the right to use, reproduce, modify, publish, transmit, create derivative works from, distribute, perform and display such Submission. You agree not to submit any infringing, unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material that could constitute or encourage criminal or unlawful conduct, or material containing spam or advertising content. You acknowledge that you are responsible for whatever Submission you send, and you, not Daytoon, have full responsibility for the message, including its legality, reliability, and originality. By submitting content to this Site you agree that Daytoon has the right to remove and delete postings for any reason whatsoever, or for no reason at all. Daytoon reserves the right to filter all posts and submissions from individuals who display persistent behavior contrary to the Terms and Conditions of Use governing use of this Site.
5. COMPLIANCE WITH DIGITAL MILLENNIUM COPYRIGHT ACT (hereafter DMCA)It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Site, you may notify our registered copyright agent by sending the following information to the address listed below:
a. The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic.
b. A statement that this person is authorized to act on behalf of the copyright owner.
c. A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner’s agent, or by law;
d. A description of the copyrighted work that you claim has been infringed, and a description of where the allegedly infringing material is located on the Site; and
e. Your address, telephone number, and e-mail address.
Please put “Notice of Infringement” in the subject line of all such notifications, and send the notification to: email@example.com
We will process and investigate all notices of alleged infringement as required by the DMCA, and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any material.
6. This Site contains links to other Internet sites and resources. Daytoon is not responsible for the availability of external sites or resources linked to this Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of Daytoon. Because Daytoon is not responsible for the availability of these outside resources or their content, you should review the Terms and Conditions of Use of these linked sites, as their policies may differ from ours. You should direct any concerns regarding any external link to its site administrator or Webmaster.
7. This agreement shall be governed in accordance with the laws of the United States, notwithstanding any principles of conflicts of laws. Except as described otherwise, all materials in this Site are made available only to provide information about Daytoon which controls and operates this Site from 206 Causeway Drive, #1277, in Wrightsville Beach, North Carolina 28480 and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with the applicable local laws.
8. The following trademarks and all related logos and designs used herein are owned by Daytoon and/or its affiliates, subsidiaries, parent or related companies:
- Blue Shark Vodka
- Summer Storm Sophisticated Moonshine
- Ray’s Reserve
- Regatta Rum
- Stede Bonnet Rum
- Chactun Tequila
The use or misuse of these trademarks or any content of this Site, except as provided above, is strictly prohibited. All other trademarks are the property of the respective trademark owners.
9. This Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in these Terms and Conditions of Use, you may not modify, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms and Conditions of Use), create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the content, software, materials or Site in whole or in part.
You may access the Site for your personal, noncommercial use only, but may not reproduce or post the content anywhere on the Internet or elsewhere. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Daytoon or the copyright holder identified in the individual content’s proprietary notices including copyright notice.
10. A user must be of legal drinking age to visit this Site. At Daytoon we encourage those adults who wish to enjoy our spirits to consume them both sensibly and safely, and in moderation. Most importantly, all alcohol should be enjoyed responsibly. In order to provide parents with tools to prevent their young children from visiting our Site, we have submitted our URL to the following sites for Internet filtering: cybersitter.com/ and surfcontrol.com/ (Cyber Patrol).