Whiskey Story Terms & Conditions

Last Updated: July 11, 2023

Welcome to Whiskey Story, a mobile application ("App") for whiskey enthusiasts. The App is operated by Caskfive LLC ("Caskfive", "we", "us", "our"). These Terms and Conditions ("Terms") govern your use of our App, services, features, and technologies (collectively, "Services").

1. Acceptance of Terms

By using our Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree with these Terms, you must not use our Services.

2. Changes to the Terms

We may update or amend these Terms from time to time. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.

3. Privacy

Your privacy is very important to us. Please review our Privacy Policy, which explains how we handle your personal information.

4. Eligibility

You must be at least 21 years old to use our Services. By using our Services, you represent and warrant that you are of legal drinking age in your jurisdiction.

5. User Accounts

You may need to register for an account to use some of our Services. You are responsible for safeguarding your account and for all activities that occur under your account.

6. User Conduct

You agree to comply with all applicable laws, rules, and regulations while using our Services. You will not engage in conduct that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

7. User Content

You are responsible for all content that you submit, post, or display on our Services. By posting content, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content.

8. Content Review

We have the right, but not the obligation, to review, screen, delete, or edit content. We may remove or refuse to display content that we believe violates these Terms or the law.

9. Intellectual Property Rights

All intellectual property rights in the Services and its contents are owned by Caskfive or our licensors. You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to Caskfive. You may not use, copy, reproduce, download, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Caskfive or the respective licensors.

10. Third-Party Links

Our Services may contain links to third-party websites or resources. We are not responsible or liable for the content, products, or services on or available from those websites or resources.

11. Disclaimers

Your use of our Services is at your sole risk. The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.

12. Limitation of Liability

To the maximum extent permitted by law, in no event shall Caskfive, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

13. Indemnification

You agree to defend, indemnify and hold harmless Caskfive and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

15. Dispute Resolution

Any disputes arising out of or related to these Terms or our Services will be resolved through confidential binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.

16. Termination

We reserve the right, without notice and in our sole discretion, to terminate your license to use the Services and to block or prevent your future access to, and use of, the Services.

17. Waiver

No waiver by Caskfive of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Caskfive to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

19. Contact Information

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

20. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Caskfive with respect to the Services and supersede and replace any prior agreements we might have had between us regarding the Services.

By using our Services, you are indicating that you have read, understand and agree to be bound by these Terms.

Caskfive LLC